The New York Supplement, Том 172West Publishing Company, 1919 |
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Страница 15
... MOTION TO MAKE DEFINITE - PLEADING . In action on contract for sale of goods , denial of defendant's motion to make complaint more definite and certain , by stating whether con- tract was in writing , and , if so , to attach a copy to ...
... MOTION TO MAKE DEFINITE - PLEADING . In action on contract for sale of goods , denial of defendant's motion to make complaint more definite and certain , by stating whether con- tract was in writing , and , if so , to attach a copy to ...
Страница 16
[ 1 ] The motion was properly denied . Granting the motion in this case would require a plaintiff in every action of the simplest nature for goods sold and delivered , or for work , labor , and services performed , to state whether the ...
[ 1 ] The motion was properly denied . Granting the motion in this case would require a plaintiff in every action of the simplest nature for goods sold and delivered , or for work , labor , and services performed , to state whether the ...
Страница 102
... MOTION - WITHDRAWAL . In a criminal case defendant may at any time withdraw his motion to withdraw a juror , and , where his exception to denial of that motion still stands upon the record , his counsel should in clear terms withdraw the ...
... MOTION - WITHDRAWAL . In a criminal case defendant may at any time withdraw his motion to withdraw a juror , and , where his exception to denial of that motion still stands upon the record , his counsel should in clear terms withdraw the ...
Страница 105
... motion declared that he would withdraw a juror . I think that his such action may well be regarded as a somewhat belated granting of defendants ' said former motion for that relief . Defendants ' exception to the de- nial of that motion ...
... motion declared that he would withdraw a juror . I think that his such action may well be regarded as a somewhat belated granting of defendants ' said former motion for that relief . Defendants ' exception to the de- nial of that motion ...
Страница 140
... motion . The defendants then asked to go to the jury upon the sufficiency of plaintiff's proof , and the trial justice refused to entertain the motion , stating : " That there was a question of fact which should have gone to the jury ...
... motion . The defendants then asked to go to the jury upon the sufficiency of plaintiff's proof , and the trial justice refused to entertain the motion , stating : " That there was a question of fact which should have gone to the jury ...
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abide the event affirmed agreement alleged Appeal from Municipal Appellate Division Appellate Term Argued October term attorney bank BIJUR breach cause of action charge claim commission Company complaint concur contract corporation counsel counterclaim County damages decedent defendant appeals defendant's denied Department Digests & Indexes dismissed employés entitled evidence ex rel executors fact fendant filed granted issue jurisdiction jury KELLOGG Key-Numbered Digests landlord Law Consol lease liability lien Manhattan Marie Gross ment Misc mortgage motion Municipal Court N. Y. Supp notice November November 13 November 22 Option Law Owen Hart owner paid parties payment person plaintiff premises probate proceeding purchase question railroad received recover respondent reversed Special Term statute street Supreme Court Surrogate's Court tenant testator testimony thereof tiff tion topic & KEY-NUMBER trial ordered trust verdict York City York County
Популарни одломци
Страница 7 - Being the mere creature of law, it possesses only those properties which the charter of its creation confers upon it, either expressly, or as incidental to its very existence. These are such as are supposed best calculated to effect the object for which it was created. Among the most important are immortality, and, if the expression may be allowed, individuality; properties by which a perpetual succession of many persons are considered as the same, and may act as a single individual.
Страница 88 - Every action must be prosecuted in the name of the real party in interest, except that an executor or administrator, a trustee of an express trust, or a person expressly authorized by statute, may sue, without joining with him the person for whose benefit the action is prosecuted.
Страница 7 - A corporation is an artificial being, Invisible, intangible, and existing only In contemplation of law. Being the mere creature of law, it possesses only those properties which the charter of its creation confers upon it, either expressly, or as Incidental to Its very existence.
Страница 479 - Of all civil causes of admiralty and maritime jurisdiction, saving to suitors in all cases the right of a common-law remedy where the common law is competent to give it, and to claimants the rights and remedies under the workmen's compensation law of any State.60 Fourth.
Страница 313 - In fixing wages, minimum rates of pay shall be established which will insure the subsistence of the worker and his family in health and reasonable comfort.
Страница 168 - If a juror has any personal knowledge respecting a fact in controversy in a cause, he must declare the same in open court during the trial. If, during the retirement of the jury, a juror declare a fact which could be evidence in the cause, as of his own knowledge, the jury must return into court. In either of these cases, the juror making the statement must be sworn as a witness and examined in the presence of the parties.
Страница 570 - A confession of a defendant, whether in the course of judicial proceedings or to a private person, can be given in evidence against him, unless made under the influence of fear produced by threats, or unless made upon a stipulation of the district: attorney, that he shall not be prosecuted therefor ; but is not sufficient to warrant his conviction, without additional proof that the crime charged has been committed.
Страница 209 - The damages must be such as may fairly be supposed to have entered into the contemplation of the parties when they made the contract, that is, must be such as might naturally be expected to follow its violation ; and they must be certain, both in their nature and in respect to the cause from which they proceed.
Страница 198 - That no such employee who may be injured or killed shall be held to have been guilty of contributory negligence in any case where the violation by such common carrier of any statute enacted for the safety of employees contributed to the injury or death of such employee.
Страница 7 - It is chiefly for the purpose of clothing bodies of men, in succession, with these qualities and capacities that corporations were invented and are in use. By these means, a perpetual succession of individuals are capable of acting for the promotion of the particular object like one immortal being.