Reports of Cases in Law and Equity in the Supreme Court of the State of New York, Volume 65Gould, Banks & Gould, 1873 |
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accord and satisfaction adverse possession affirmed agreement Albert Banta alleged amount appeal assessors Barb bona fide purchaser bonds Caulon cause of action certiorari charge claim commissioners complaint contract conveyance costs court court of equity creditor damages dant debt debtor deed defendant defendant's counsel delivered delivery E. D. Smith entitled equity evidence execution executor fact farm fendant FOURTH DEPARTMENT fraud fraudulent held house and lot Hudson River Ingra injury interest issued judge judgment jurisdiction jury Justices land liable ment mortgage motion Mullin negligence nonsuit owner paid parties payment person plaintiff possession premises proceedings proof prove purchase question Railroad Company real estate received recover referee rule sold Special Term statute statute of frauds Talcott and E. D. tax-payers testator thereof tiff tion town trial trust verdict void Wend witness writ York York Central Railroad
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Halaman 412 - ... shall not be subject to the disposal of her husband, nor be liable for his debts, and shall continue her sole and separate property, as if she were a single female.
Halaman 240 - Constitution, includes all the jurisdiction, which was possessed and exercised by the Supreme Court of the Colony of New York, at any time, and by the Court of Chancery in England, on the 4th day of July, 1776; with the exceptions, additions, and limitations, created and imposed by the Constitution and laws of the state. Subject to those exceptions and limitations, the Supreme Court of the state has all the powers and authority of each of those courts, and exercises the same in like manner.
Halaman 606 - ... 2. A statement of any new matter constituting a defense or counterclaim, in ordinary and concise language, without repetition." See. 171. The counterclaim mentioned in the last section must be one existing in favor of a defendant and against a plaintiff, between whom a several judgment might be had in the action, and arising out of one of the following causes of action: "1.
Halaman 299 - The courts do not undertake to relieve parties from their acts and deeds fairly done on a full knowledge of facts, though under a mistake of the law. Every man is to be charged, at his peril, with a knowledge of the law. There is no other principle which is safe and practicable in the common intercourse of mankind.
Halaman 450 - But this doctrine of concurrent jurisdiction is only clearly applicable to those descriptions of causes of which the State courts have previous cognizance. It is not equally evident in relation to cases which may grow out of, and be peculiar to, the Constitution to be established ; for not to allow the State courts a right of jurisdiction in such cases, can hardly be considered as the abridgement of a preexisting authority.
Halaman 615 - A voluntary settlement fairly made, is always binding in equity upon the grantor, unless there be clear and decisive proof that he never parted, or intended to part with the possession of the deed, and even if he retains it, the weight of authority is decidedly in favor of its validity, unless there be other circumstances besides the mere fact of his retaining it, to show that it was not intended to be absolute.
Halaman 265 - That the interest of money shall be at the rate of six dollars upon one hundred dollars for a year, and at the same rate for a greater or less sum, and for a longer or shorter time...
Halaman 446 - It declares that the judicial power shall extend to all cases in law or equity...
Halaman 599 - February 13, 1894, which affirmed a judgment in favor of plaintiff entered upon the report of a referee. The action was brought to recover...
Halaman 221 - ... a substantial foundation of masonry, would have belonged to the realty. A thing may be as firmly affixed to the land by gravitation as by clamps or cement. Its character may depend much upon the object of its erection. Its destination, the intention of the person making the erection, often exercise a controlling influence, and its connection with the land is looked at principally for the purpose of ascertaining whether that intent was that the thing in question should retain its original chattel...