Reports of Cases Heard and Determined in the Appellate Division of the Supreme Court of the State of New York, Volume 12 |
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Page 5
... duty which rests upon us of correcting manifest error in the attempted administration of justice . This duty is one , we admit , which should be exercised with great caution , and only in cases where it is perfectly plain that , unless ...
... duty which rests upon us of correcting manifest error in the attempted administration of justice . This duty is one , we admit , which should be exercised with great caution , and only in cases where it is perfectly plain that , unless ...
Page 24
... duty to make the best defense of which he was capable . ( Dewey v . Greene , 4 Den . 93 ; Avery v . Slack , 17 Wend . 85 ; Harkness v . Hyde , 98 U. S. 476 ; Steamship Co. v . Tugman , 106 id . 118 ; Jones v . Jones , 108 N. Y. 415-425 ...
... duty to make the best defense of which he was capable . ( Dewey v . Greene , 4 Den . 93 ; Avery v . Slack , 17 Wend . 85 ; Harkness v . Hyde , 98 U. S. 476 ; Steamship Co. v . Tugman , 106 id . 118 ; Jones v . Jones , 108 N. Y. 415-425 ...
Page 28
... duty from which it cannot shrink , however distasteful its performance may prove . ( People ex rel . Sinkler v . Terry , 108 N. Y. 1 ; Curtin v . Barton , 139 id . 505. ) Our conclusion , therefore , is that the judgment appealed from ...
... duty from which it cannot shrink , however distasteful its performance may prove . ( People ex rel . Sinkler v . Terry , 108 N. Y. 1 ; Curtin v . Barton , 139 id . 505. ) Our conclusion , therefore , is that the judgment appealed from ...
Page 52
... duty , which it owed to the plaintiff , in two particulars : First , in neglecting to instruct the plaintiff as to the dangers which might be apprehended by reason of the character of the floor or of the stool furnished him upon which ...
... duty , which it owed to the plaintiff , in two particulars : First , in neglecting to instruct the plaintiff as to the dangers which might be apprehended by reason of the character of the floor or of the stool furnished him upon which ...
Page 54
... duty in not cautioning the plaintiff against a danger which there is no reason to suppose any one apprehended , and which was just as apparent to the plaintiff as to any other person . It is true that , in response to a request from the ...
... duty in not cautioning the plaintiff against a danger which there is no reason to suppose any one apprehended , and which was just as apparent to the plaintiff as to any other person . It is true that , in response to a request from the ...
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accident adverse possession affidavits agreement alimony alleged amount appellant applied appointed arbitrator assignment assignors attorney authority award bank boiler bonds cause of action charge child Civil Procedure claim clerk complaint concurred condition contract contributory negligence corporation costs Court in favor Court of Chancery creditors death deceased DECEMBER TERM deed defendant defendant's delivered denied DIV.-VOL dollars Dorthy duty entered entitled evidence ex rel execution executors fact FOURTH DEPARTMENT granted held husband INGRAHAM injury intestate issue Judgment affirmed jurisdiction jury Leet liable lien ment Monroe county mortgage motion negligence paid party payment person Pickert plaintiff possession premises purchase question railroad reason received recover damages referred refused respondent reversed rule RUMSEY Sallie Barnes Special Term statute Stranahan street sui juris Supreme Court testator testified testimony thereof tion trial verdict wife WILLIAMS witness York
Popular passages
Page 584 - Payments by counties, cities, towns and villages to charitable, eleemosynary, correctional and reformatory institutions, wholly or partly under private control, for care, support and maintenance, may be authorized, but shall not be required by the Legislature. No such payments shall be made for any inmate of such institutions who is not received and retained therein pursuant to rules established by the state board of charities. Such rules shall be subject to the control of the Legislature by general...
Page 115 - Where there has been an actual continued occupation of premises, under a claim of title, exclusive of any other right, but not founded upon a written instrument, or a judgment or decree, the premises so actually occupied, and no others, are deemed to have been held adversely.
Page 109 - No action for the recovery of real property, or for the recovery of the possession thereof, shall be maintained unless it shall appear that the plaintiff, his ancestor, predecessor, or grantor, was seized or possessed of the premises in question within five years before the commencement of the action.
Page 31 - The executor or administrator of a decedent, who has left, him or her surviving, a husband, wife, or next of kin, may maintain an action to recover damages for a wrongful act. neglect, or default, by which the decedent's death was caused, against a natural person who, or a From Id.
Page 192 - It Is certainly a maxim that all evidence is to be weighed according to the proof which it was in the power of one side to have produced, and in the power of the other to have contradicted.
Page 109 - For the purpose of constituting an adverse possession by a person claiming title, not founded upon a written instrument, judgment, or decree, land is deemed to have been possessed and occupied in the following cases only: 1.
Page 541 - ... except for incompetency or misconduct shown after a hearing upon due notice, upon stated charges and with the right to such employee or appointee to a review by a writ of certiorari.
Page 472 - After hearing the appeal, the court must give judgment, without regard to technical errors or defects or to exceptions which do not affect the substantial rights of the parties.
Page 587 - This section shall not, however, prevent the legislature from making such provision for the education and support of the blind, the deaf and dumb, and juvenile delinquents, as to it may seem proper. Nor shall it apply to any fund or property now held, or which may hereafter be held, by the state for educational purposes.
Page 66 - The electors of the several towns, shall, at their annual town meeting, and in such manner as the Legislature may direct, elect justices of the peace, whose term of office shall be four years. In case of an election to fill a vacancy occurring before the expiration of a full term, they shall hold for the residue of the unexpired term.