Reports of Cases Decided in the Court of Appeals of the State of New York, Volume 153New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Hiram Edward Sickels Lawyers Co-operative Publishing Company, 1897 |
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Halaman 10
... exception . 2. CRIMINAL TRIAL - PRESENTATION OF QUESTION OF SUFFICIENCY OF EVIDENCE . The defendant in a criminal action is not confined to request- ing the court to direct an acquittal , in the formula of section 410 of the Code of ...
... exception . 2. CRIMINAL TRIAL - PRESENTATION OF QUESTION OF SUFFICIENCY OF EVIDENCE . The defendant in a criminal action is not confined to request- ing the court to direct an acquittal , in the formula of section 410 of the Code of ...
Halaman 11
... exception , to review it . 5. EVIDENCE REQUISITE TO WARRANT SUBMISSION TO JURY . The presence of some proof is not sufficient to warrant the submission of a criminal case to the jury ; and whenever a criminal charge is submitted to the ...
... exception , to review it . 5. EVIDENCE REQUISITE TO WARRANT SUBMISSION TO JURY . The presence of some proof is not sufficient to warrant the submission of a criminal case to the jury ; and whenever a criminal charge is submitted to the ...
Halaman 13
... exceptions which do not affect the substantial rights of the parties . ( Code Crim . Pro . §§ 392 , 465 , 527 , 528 , 542 ; People v . Dimick , 107 N. Y. 15-34 ; People v . Sharp , 107 N. Y. 427 ; People v . Hovey , 92 N. Y. 554 ...
... exceptions which do not affect the substantial rights of the parties . ( Code Crim . Pro . §§ 392 , 465 , 527 , 528 , 542 ; People v . Dimick , 107 N. Y. 15-34 ; People v . Sharp , 107 N. Y. 427 ; People v . Hovey , 92 N. Y. 554 ...
Halaman 15
... exceptions only . This is not a new rule , but one that has existed always . Assuming that the defendants were improperly convicted , I do not think that we are compelled to affirm the judgment on any technical questions of practice ...
... exceptions only . This is not a new rule , but one that has existed always . Assuming that the defendants were improperly convicted , I do not think that we are compelled to affirm the judgment on any technical questions of practice ...
Halaman 16
... exception was taken . After the verdict the counsel moved for a new trial , under § 465 of the Code of Criminal Procedure , on the ground that the verdict was con- trary to the law and the evidence , which was denied and an exception ...
... exception was taken . After the verdict the counsel moved for a new trial , under § 465 of the Code of Criminal Procedure , on the ground that the verdict was con- trary to the law and the evidence , which was denied and an exception ...
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action affirmed a judgment alleged Appellate Division application appointed Argued June assignment authority Bank Barb BARTLETT charge Civil Procedure claim clause clerk Code Civ concur consent contract corporation court of equity creditors crime death debt deceased decedent decided June decided October deed defendant defendant's duty entered entitled evidence ex rel executors fact held indictment intended Judgment affirmed judgment in favor judicial department June 22 jury justice land legatee legislature marriage MARTIN Mayor ment mortgage motion N. Y. Rep O'BRIEN Ontario county Opinion parties payment plaintiff Points of counsel police possession proceedings proof provisions question railroad reason receiver residuary respondent reversed Rogers rule Special Term statute Statute of Limitations street Supreme Court surrogate Surrogate's Court testator testified testimony thereof Third Avenue Railroad tion transaction trial trust VANN verdict wife witness YORK ex rel
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Halaman 196 - To justify the State in thus interposing its authority in behalf of the public, it must appear, first, that the interests of the public generally, as distinguished from those of a particular class, require such interference; and, second, that the means are reasonably necessary for the accomplishment of the purpose, and not unduly oppressive upon individuals.
Halaman 481 - no suit, either at law or in equity, shall be maintainable in any court between an assignee in bankruptcy and a person claiming an adverse interest, touching any property or rights of property transferable to or vested in jjuch assignee, unless brought within two years from the time when the cause of action accrued for or against such assignee.
Halaman 35 - 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.
Halaman 464 - States shall be entitled to the full and equal enjoyment of the accommodations, advantages, facilities, and privileges of inns, public conveyances on land or water, theaters, and other places of public amusement; subject only to the conditions and limitations established by law, and applicable alike to citizens of every race and color, regardless of any previous condition of servitude.
Halaman 595 - The connection of the individuals in the unlawful enterprise being thus shown, every act and declaration of each member of the confederacy in pursuance of the original concerted plan and with reference to the common object is, in contemplation of law, the act and declaration of them all, and is therefore original evidence against each of them.
Halaman 129 - Upon the trial of an action, or the hearing upon the merits of a special proceeding, a party or a person interested in the event, or a person from, through or under whom such a party or Interested person derives his interest or title, by assignment or otherwise, shall not be examined as a witness, in his own behalf or interest, or in behalf of the party succeeding to his title or interest...
Halaman 547 - But no law shall authorize the construction or operation of a street railroad except upon the condition that the consent of the owners of onehalf in value of the property bounded on, and the consent also of the local authorities having the control of that portion of a street or highway upon which it is proposed to construct or operate such railroad be first obtained...
Halaman 227 - When the transfer is by will or by the intestate laws of this State, from any person dying, seized or possessed of the property while a resident of the State. 2. When the transfer is by will or intestate laws of property within the State and the decedent was a non-resident of the State at the time of his death.
Halaman 193 - The trial by jury in all cases in which it has been heretofore used shall remain inviolate forever; but a jury trial may be waived by the parties in all civil cases in the manner to be prescribed by law.
Halaman 418 - ... therein, as to show an intention not to make such provision; and no other evidence to rebut the presumption of such revocation, shall be received. § 36. Will of unmarried woman. A will executed by an unmarried woman, shall be deemed revoked by her subsequent marriage.