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affidavit alleged amount Appeal from special Appellate Division application Argued attorney Bank Brooklyn BRUNT cause of action cent certificate certiorari charge claim Code Civ commissioners Company complaint concur contract contributory negligence corporation costs counsel court of equity creditors damages debts deceased deed defendant defendant appeals defendant's duty easement entitled equity evidence executor fact favor fendant granted held husband INGRAHAM issue James McKechnie judge Judgment affirmed jury liable lien ment mortgage motion N. Y. Supp negligence O'BRIEN order denying owner paid parties payment person plaintiff premises proceeding question railroad real estate reason received recover reference relator respondent reversed rule RUMSEY Saratoga county special term statute street Supreme Court surrogate's court testator testified testimony thereof tiff tion trial trust verdict wife William witness writ York county
Страница 141 - When the duration of any office, is not provided by this Constitution, it may be declared by law, and if not so declared, such office shall be held, during the pleasure of the authority making the appointment.
Страница 384 - In an action brought to recover a balance due upon a mutual, open, and current account, where there have been reciprocal demands between the parties, the cause of action is deemed to have accrued from the time of the last item, proved in the account on either side.
Страница 101 - Probable cause" has been defined as a reasonable ground of suspicion supported by circumstances sufficiently strong in themselves to warrant a cautious man in the belief that the person accused is guilty of the offense with which he is charged.
Страница 76 - ... that honorably discharged soldiers and sailors from the army and navy of the United States in the late civil war, who are citizens and residents of this state, shall be entitled to preference in appointment and promotion, without regard to their standing on any list from which such appointment or promotion may be made. Laws shall be made to provide for the enforcement of this section.
Страница 767 - But no such corporation or association shall be entitled to any such exemption if any officer, member or employee thereof shall receive or may be lawfully entitled to receive any pecuniary profit from the operations thereof, except reasonable compensation for services in effecting one or more of such purposes, or as proper beneficiaries of its strictly charitable purposes...
Страница 408 - In relief against conscience or public convenience, has always refused Its aid to stale demands, where the party has slept upon his right, and acquiesced for a great length of time. Nothing can call forth this court into activity but conscience, good faith, and reasonable diligence ; where these are wanting, the court is passive, and does nothing. Laches and neglect are always discountenanced, and therefore, from the beginning of this Jurisdiction, there was always a limitation to suits In this court.
Страница 512 - In the name of God, Amen : I, Sarah M. Cottrell, of the Town of Scott in the County of Cortland and State of New York, being of sound mind and memory, do make, publish, and declare this my last Will and Testament in manner following, that is to say: First — I direct that all my just debts and funeral expenses be paid.
Страница 424 - ... together with all and singular, the tenements, hereditaments, and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof; and also all the estate, right, title, interest, property, possession, claim, and demand whatsoever, as well in law as in equity, of the said party of the first part, of, in, or to the above described premises, and every part and parcel thereof, with the appurtenances.
Страница 166 - The existing Surrogates' Courts are continued, and the Surrogates now in office shall hold their offices until the expiration of their terms. Their successors shall be chosen by the electors of their respective counties, and their terms of office shall be six years, except in the county of Xew York, where they shall continue to be fourteen years. Surrogates and Surrogates...