Transcript Appeals: The File of Opinions in Cases Argued Before the Court of Appeals of the State of New York During the January Term 1867 from Official Copies, Том 7Transcript Association, 1868 |
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Стр. 21
... application , and the attempt to apply it here begs the whole question ( see Cowen , J. , in Ash v . Putnam , 1 Hill , 302 ) . Mere possession of another's property is not such evidence of ownership or authority to sell , that third ...
... application , and the attempt to apply it here begs the whole question ( see Cowen , J. , in Ash v . Putnam , 1 Hill , 302 ) . Mere possession of another's property is not such evidence of ownership or authority to sell , that third ...
Стр. 54
... applying the rule to the present statute . The mischief to be remedied is obvious . To prevent pretended assignments being made obstacles in the way of creditors . The first section provides that it shall be acknowledged , and the proof ...
... applying the rule to the present statute . The mischief to be remedied is obvious . To prevent pretended assignments being made obstacles in the way of creditors . The first section provides that it shall be acknowledged , and the proof ...
Стр. 56
... application of the entire property to the payment of honest debts . Assignments were frequently made to assignees destitute of pecuniary responsibility . To remedy this , section 3 provides for giving security for the performance of the ...
... application of the entire property to the payment of honest debts . Assignments were frequently made to assignees destitute of pecuniary responsibility . To remedy this , section 3 provides for giving security for the performance of the ...
Стр. 63
... application in writing to the commissioners of highways of the town of Saugerties , to lay out a highway in said town . In said application the general route of the road , the re- spective termini , and the parcels of land through which ...
... application in writing to the commissioners of highways of the town of Saugerties , to lay out a highway in said town . In said application the general route of the road , the re- spective termini , and the parcels of land through which ...
Стр. 64
... application ; and on that day they met and heard the parties interested and de- termined that the road should be laid out , and made an order to that effect , incorporating a survey of the road ; and on the 14th of August , 1856 , filed ...
... application ; and on that day they met and heard the parties interested and de- termined that the road should be laid out , and made an order to that effect , incorporating a survey of the road ; and on the 14th of August , 1856 , filed ...
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affirmed agreement alleged amount appeal assessment assignment Bank bill bill of attainder Canal Central R. R. Ch.J charge Charles Oakley claim commissioners complaint contract conveyance counsel Court of Equity creditors damages debt debtor deceased Defendant Defendant's delivery Donnery draft entitled evidence execution fact Hankerson Henry Van Schaick horses interest JOEL TIFFANY Judge judgment jury land lease liable lumber Medbury ment mortgage negligence nonsuit Oakley Opinion by DWIGHT Opinion by GROVER Opinion by HUNT Opinion by MASON Opinion by MILLER Opinion by WOODRUFF owner paid party payment person Pindar Plaintiff possession premises principle proved purchaser question Railroad recover referred refused Rensselaer county replevin Respondent road sheriff six notes Sixth Avenue Railroad Statement statute Statute of Frauds Street Supreme Court Term testator testify thereof Third Avenue Railroad tiff tion transaction trial usury valid verdict void warrant wife York
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Стр. 284 - I have neither sought nor accepted nor attempted to exercise the functions of any office whatever, under any authority or pretended authority in hostility to the United States; that I have not yielded a voluntary support to any pretended government, authority, power or constitution within the United States, hostile or inimical thereto.
Стр. 285 - I, AB, do solemnly swear (or affirm) that I have never voluntarily borne arms against the United States since I have been a citizen thereof; that I have voluntarily given no aid, countenance, counsel, or encouragement to persons engaged in armed hostility thereto; that I have neither sought nor accepted nor attempted to exercise the functions of any office whatever, under any authority or pretended authority in hostility to the United States...
Стр. 249 - A bill of attainder is a legislative act which inflicts punishment without a judicial trial. If the punishment be less than death, the act is termed a bill of pains and penalties. Within the meaning of the Constitution, bills of attainder include bills of pains and penalties.
Стр. 253 - Shall there be a Convention to revise the Constitution, and amend the same?" shall be decided by the electors qualified to vote for members of the Legislature...
Стр. 206 - ... if the property has been delivered to the plaintiff, and the defendant claim a return thereof. judgment for the defendant may be for a return of the property or the value thereof, in case a return cannot be had, and damages for taking and withholding the same.
Стр. 14 - J. — This action was brought to recover damages alleged to have been sustained by the plaintiff...
Стр. 83 - At the trial the plaintiff proved the assignment and rested. The defendant moved for a nonsuit on the ground that the plaintiff had failed to make out a case.
Стр. 77 - ... no suit at law or in equity shall in any case be maintainable by or against such assignee, or by or against any person claiming an adverse interest, touching the property and rights of property aforesaid, in any court whatsoever, unless the same shall be brought within two years from the time the cause of action accrued, for or against such assignee...
Стр. 5 - Unless the buyer shall accept and receive part of such goods, or the evidences, or some of them, of such things in action ; or, — 3. Unless the buyer shall at the time, pay some part of the purchase money.
Стр. 260 - In the exclusion which the statute adjudges, it imposes a punishment for some of the acts specified, which were not punishable at the time they were committed; and for other of the acts it adds a new punishment to that before prescribed, and it is thus brought within the further inhibition of the Constitution against the passage of an ex post facto law.