Reports of Cases Argued and Determined in the Superior Court of the City of New York, Том 10W.C. Little & Company, 1856 |
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Страница 74
... application to the facts of this case . ( Before DUER , CAMPBELL , and BOSWORTH , J.J. ) Dec. 16 , 1858 ; Feb. 18 , 1854 . THIS suit was commenced in the late Court of Chancery , before the Vice - Chancellor of the first circuit ...
... application to the facts of this case . ( Before DUER , CAMPBELL , and BOSWORTH , J.J. ) Dec. 16 , 1858 ; Feb. 18 , 1854 . THIS suit was commenced in the late Court of Chancery , before the Vice - Chancellor of the first circuit ...
Страница 76
... application , obtained an order , so far vacating the decree pro confesso , entered against Daniel E. Tylee , as to allow them to file a supplemental bill , and make themselves parties to the suit , and set up their claims under the ...
... application , obtained an order , so far vacating the decree pro confesso , entered against Daniel E. Tylee , as to allow them to file a supplemental bill , and make themselves parties to the suit , and set up their claims under the ...
Страница 84
... application of Chastelain and Turner , the grantees of the defendant , Daniel E. Tylee , the court directed the order pro confesso entered against the latter in this cause to be so far vacated as to authorize the said Chastelain and ...
... application of Chastelain and Turner , the grantees of the defendant , Daniel E. Tylee , the court directed the order pro confesso entered against the latter in this cause to be so far vacated as to authorize the said Chastelain and ...
Страница 98
... application are obvious . In such a case , she could make a valid appointment in favor of her hus- band , because she could do that if unmarried , and she would only have reserved the power to do an act which she could lawfully have ...
... application are obvious . In such a case , she could make a valid appointment in favor of her hus- band , because she could do that if unmarried , and she would only have reserved the power to do an act which she could lawfully have ...
Страница 102
... application made by the plaintiff to the treasury was denied , and that positive evidence was necessary to show that , after this denial , it was the intention and understanding of the parties that the agreement should remain in force ...
... application made by the plaintiff to the treasury was denied , and that positive evidence was necessary to show that , after this denial , it was the intention and understanding of the parties that the agreement should remain in force ...
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adeemed ademption advances agreement alleged amended amount answer appeal application Astor's Executors authority bequeathed bequest bill bill of lading BOSWORTH cause of action cent charge Charles Henry Hall claim clause Code codicil Common Council Company complaint construction contract corporation costs counsel court court of equity damages Daniel E debt declared deed defendants delivered delivery denied DUER effect entitled entry evidence execution fact fraud Furniss given grant ground Insurance intention interest issue Jacob Sharp John John Cook judge judgment jury Langdon legacies liable lots Mayor ment mortgage necessary opinion owner paid parties payment person plaintiff pleadings possession premises proof proved provisions purchaser question railroad recover reference rendered Reports revocation revoked rule sold statute of frauds street subsequent testator thereof tion Toll & McArdle trial trust Tylee valid verdict void vols wall Wend witness words York
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Страница 636 - Every such action shall be brought by and in the names of the personal representatives of such deceased person ; and the amount recovered in every such action shall be for the exclusive benefit of the widow and next of kin of such deceased person, and shall be distributed to such widow and next of kin in the proportions provided by law in relation to the distribution of personal property left by persons dying intestate...
Страница 637 - Drew. therefore, enacted, &c., that whensoever the death of a person shall be caused by wrongful act, neglect, or default, and the act, neglect, or default is such as would (if death had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof...
Страница 155 - 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.
Страница 568 - ... some writing declaring an intention to revoke the same, and executed in the manner in which a will is hereinbefore required to bo executed, or by the burning, tearing, or otherwise destroying the same by the testator, or by some person in his presence and by his direction, with the intention of revoking the same.
Страница 636 - Whereas no action at law is now maintainable against a person who by his wrongful act, neglect, or default may have caused the death of another person, and it is oftentimes right and expedient that the wrongdoer in such case should be answerable in damages for the injury so caused by him...
Страница 157 - ... when the question is one of a common or general interest, of many persons, or when the parties are numerous, and it is impracticable to bring them all before the 'court, one or more may sue or defend for the benefit of all.
Страница 637 - That every such action shall be for the benefit of the wife, husband, parent, and child of the person whose death shall have been so caused...
Страница 640 - ... in every such action the jury may give such damages as they may think proportioned to the injury resulting from such death to the parties respectively for whom and for whose benefit such action shall be brought...
Страница 115 - No allowance or compensation shall be made to any officer or clerk, by reason of the discharge of duties which belong to any other officer or clerk in the same or any other Department ; and no allowance or compensation shall be made for any extra services whatever, which any officer or clerk may be required to perform, unless expressly authorized by law.
Страница 637 - Parliament assembled, and by the authority of the same, that whensoever the death of a person shall be caused by wrongful act, neglect, or default, and the act, neglect, or default is such as would (if death had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof, then and in every such case the person who...