Reports of Cases Argued and Determined in the Superior Court of the City of New York: 1866/1868W.C. Little, 1868 |
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Σελίδα 2
... exception is taken , the only questions , on a review of his decision , are , Whether the uncontroverted facts called for a decision in favor of the party against whom such verdict was directed ? and Ought the verdict to be set aside as ...
... exception is taken , the only questions , on a review of his decision , are , Whether the uncontroverted facts called for a decision in favor of the party against whom such verdict was directed ? and Ought the verdict to be set aside as ...
Σελίδα 9
... exception to the denial of their motion to dismiss the complaint , as the exceptions to the refusal to submit their requests , and to the direction of a verdict for the plaintiffs , bring up two questions to be con- sidered on this ...
... exception to the denial of their motion to dismiss the complaint , as the exceptions to the refusal to submit their requests , and to the direction of a verdict for the plaintiffs , bring up two questions to be con- sidered on this ...
Σελίδα 11
... exceptions are not well taken , and should , therefore , be overruled ; and the plaintiffs should have judgment upon the verdict , with costs . ROBERTSON , Ch . J. Of course , on a peremptory direction to a jury to find a verdict for ...
... exceptions are not well taken , and should , therefore , be overruled ; and the plaintiffs should have judgment upon the verdict , with costs . ROBERTSON , Ch . J. Of course , on a peremptory direction to a jury to find a verdict for ...
Σελίδα 20
... exceptions only , can spell out a defense from the evidence , not set up in the pleadings or urged at the trial , even if it were tenable . I am , therefore , in favor of overruling the exceptions , and affirming the judgment . JONES ...
... exceptions only , can spell out a defense from the evidence , not set up in the pleadings or urged at the trial , even if it were tenable . I am , therefore , in favor of overruling the exceptions , and affirming the judgment . JONES ...
Σελίδα 21
... exception to his direction to the jury , then only two matters can be inquired into , on a review of his deci- sion : 1. Do the uncontroverted facts call for a decision in favor of the party against whom he directed a verdict ? 2. Would ...
... exception to his direction to the jury , then only two matters can be inquired into , on a review of his deci- sion : 1. Do the uncontroverted facts call for a decision in favor of the party against whom he directed a verdict ? 2. Would ...
Συχνά εμφανιζόμενοι όροι και φράσεις
accord and satisfaction adverse possession affidavit agent agreement Algie alleged amendment amount answer appeal applied authority Barb bill boat building bulkhead cause of action charge claim Code Company complaint contract costs counsel court court of equity covenant damages decision defendant's defendants delivered demand denied discharge donatio mortis causa draft entitled equity erected evidence exceptions fact fendants ferry fraud ground held injury Insurance judge judgment jury justice lease liable loss matter ment MONELL mortgage motion N. Y. Rep negligence notice objection owner paid Park Bank parties payment person pier plaintiff pleadings possession premises proof proved Prussian thalers question reason receipt received recover referred rent Rhinelander ROBERTSON rule Samuel D sheriff special term statute street sustained taken tenant testified testimony therein thereof tiff tion trial trust verdict Wend Western Transportation Company witness York
Δημοφιλή αποσπάσματα
Σελίδα 631 - The court may, before or after judgment, in furtherance of justice, and on such terms as may be proper, amend any pleading, process or proceeding, by adding or striking out the name of any party ; or by correcting a mistake in the name of a party, or a mistake in any other respect...
Σελίδα 69 - ... to be heard in the first instance at the general term, and the judgment in the meantime suspended; and in that case they must be there heard in the first instance, and judgment there given.
Σελίδα 541 - We may lay it down as a broad general principle, that, wherever one of two innocent persons must suffer by the acts of a third, he who has enabled such third person to occasion the loss must sustain it.
Σελίδα 97 - ... or other game or games whatsoever, or by betting on the sides or hands of such as do game...
Σελίδα 547 - ... for the frauds, deceits, concealments, misrepresentations, torts, negligences, and other malfeasances, or misfeasances, and omissions of duty, of his agent in the course of his employment, although the principal did not authorize, or justify, or participate in, or indeed know of such misconduct, or even if he forbade the acts or disapproved of them.
Σελίδα 543 - If two ships under steam are meeting end on or nearly end on so as to involve risk of collision, the helms of both shall be put to port so that each may pass on the port side of the other.
Σελίδα 543 - When two steam- vessels are meeting end on, or nearly end on, so as to involve risk of collision, each shall alter her course to starboard, so that each may pass on the port side of the other.
Σελίδα 221 - The court shall, in every stage of an action, disregard any error or defect in the pleadings or proceedings which shall not affect the substantial rights of the adverse party, and no judgment shall be reversed or affected by reason of such error or defect.
Σελίδα 28 - ... void as against the creditors of the vendor or assignor, or subsequent purchasers in good faith unless those claiming under such sale or assignment make it appear that the same was made in good faith and without any intent to hinder, delay, or defraud such creditors or purchasers.
Σελίδα 618 - The plaintiff, within ten days thereafter, may serve upon the sheriff a notice that he does not accept the bail, or he shall be deemed to have accepted them, and the sheriff shall be exonerated from liability. If no notice be served within ten days, the original undertaking shall be filed with the clerk of the court.