Reports of Selected Cases Decided in Courts of the State of New York Other Than the Court of Appeals and the Appellate Division of the Supreme Court, Volume 53

Sampul Depan
Lawyers Co-operative Publishing Company, 1907
"Cases decided in the courts of record of the state of New York, other than the Court of Appeals and the Appellate Division of the Supreme Court, including the Appellate Term of the Supreme Court for the hearing of appeals from the City Court of the city of New York and the Municipal Court of the city of New York; special terms and trial terms of the Supreme Court, City Court of the city of New York, the Court of general sessions of the peace in and for the city and county of New York, county courts, and the Surrogates' Courts." (varies slightly)
 

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Halaman 252 - The court may, upon the trial, or at any other stage of the action, before or after judgment, in furtherance of justice, and on such terms as it deems just, amend any process, pleading, or other proceeding, by adding or striking out the name of a person as a party, or by correcting a mistake in the name of a party, or a mistake in any other respect...
Halaman 138 - Within the age of twenty-one years; or, 2. Insane; or, 3. Imprisoned on a criminal charge, or in execution upon conviction of a criminal offense, for a term less than for life.
Halaman 585 - A conveyance, acknowledged or proved, and certified, in the manner prescribed by law, to entitle it to be recorded in the county where it is offered, is evidence, without further proof thereof.
Halaman 137 - A person having an estate in fee, in remainder or reversion, may maintain an action for any injury done to the inheritance, notwithstanding an intervening estate for life or years...
Halaman 106 - The second branch of this judicial description is really the most important one. Consideration means not so much that one party is profiting as that the other abandons some legal right in the present or limits his legal freedom of action in the future as an inducement for the promise of the first.
Halaman 227 - First, after the payment of my just debts and funeral expenses, I give devise and bequeath to my daughter Agatha Riple wife of Mathias Riple, all of my property both real and personal.
Halaman 589 - The maxim is also in part based on the consideration that where the management and control of the thing which has produced the injury is exclusively vested in the defendant, it is within his power to produce evidence of the actual cause that produced the accident, which the plaintiff is unable to present.
Halaman 270 - Where it is prescribed in this act, or in the general rules of practice, that a notice must be given, or a paper must be served within a specified time, before an act is to be done ; or that the adverse party has a specified time, after notice or service, within which to do an act ; if service is made through the postoffice, the time so required or allowed is double the time specified ; except that service of notice of.
Halaman 485 - Restraints on the legislative power of control must be found in the constitution of the state, or they must rest alone in the legislative discretion. If the legislative action in these cases operates Injuriously to the municipalities or to individuals, the remedy is not with the courts. The • courts have no power to Interfere, and the people must be looked to, to right, through the ballot box, all these wrongs.
Halaman 252 - And, in every stage of the action, the court must disregard an error or defect, in the pleadings or other proceedings, which does not affect the substantial rights of the adverse party.

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