Reports of Cases Decided in the Court of Appeals of the State of New York, Volume 135New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Hiram Edward Sickels Lawyers Co-operative Publishing Company, 1893 |
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affirmed a judgment alleged APPEAL from judgment appellant application apportionment assessment assignment authority ballot Bank Barb cause of action certiorari chap claim Code Civ commissioners complaint concur Constitution contract conveyance court of equity creditors damages debt decided October deed defendant defendant's duty easement entered entitled equity estoppel evidence ex rel execution executors facts firm foreclosure grant grantor ground held injury interest issued judge judgment in favor judicial department jurisdiction jury legislature letters testamentary liable mandamus MAYNARD Mayor ment mortgage O'BRIEN October 11 October 25 Opinion owner party payment PECKHAM person plaintiff premises Prince's Metallic Paint proceedings proof provision purpose question railroad reason recover reference res adjudicata respondent rule session SICKELS-VOL Special Term spring Statement statute Supreme Court testator thereof tion town of Fishkill trial trust verdict void Wend writ writ of mandamus
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Página 243 - 9. Upon claims arising out of the same transaction or transactions connected with the same subject of action and not included within one of the foregoing subdivisions." The subject of the action in this case was the injury committed by the defendant in maintaining a public nuisance which subjected the plaintiff to injuries specified,
Página 286 - ' No act shall be passed which shall provide that any existing law or any part thereof shall be made or deemed a part of said act or which shall enact that any existing law or any part thereof, shall be applicable, except by inserting it in such act.
Página 485 - To my mind the objection is wholly without force. An extraordinary session is, nevertheless, a session of the legislature. The Governor, by the terms of the Constitution, has " power to convene the legislature (or the senate only) on extraordinary occasions." When thus convened, is not the legislature in session
Página 484 - The members of assembly shall be apportioned among the several counties of the state by the legislature, as nearly as may be, according to the number of their respective inhabitants, excluding aliens, and shall
Página 493 - over and above all debts and incumbrances charged thereon, and shall have been actually rated and paid a tax thereon, shall be entitled to vote at such election. And no person of color shall be subject to direct taxation, unless he shall be seized and possessed of real estate
Página 340 - laws which are intended for the protection of private rights, continue in force until abrogated by the new government or sovereign." As nothing has been done by congress to displace the laws of this state and the jurisdiction of its courts in regard to private rights and remedies with respect to the lands ceded
Página 493 - no man of color, unless he shall have been for three years a citizen of this state, and for one year next preceding any election shall have been seized and possessed of a freehold estate of the value of $250 over and above all debts and incumbrances charged thereon,
Página 577 - then in the absence of any express or implied warranty that the thing shall exist, the contract is not to be construed as a positive contract, but as subject to an implied condition that the parties shall be excused in case before breach
Página 500 - at all times consist of contiguous territory and that no county shall be divided in the formation of a senate district, except such county shall be equitably entitled to two or more senators.
Página 561 - if personally present, with full power of substitution and revocation, hereby ratifying and confirming all that my said attorney or his substitute shall lawfully do or cause to be done by virtue hereof.