Reports of Cases Argued and Determined in the Court of Appeals of the State of New York [1863-68], Volume 1W. C. Little, 1867 - Law reports, digests, etc |
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Common terms and phrases
action affirmed agent agreement alleged amount appeal applied assets assignment bond and mortgage canal Canastota cause of action charge CHARLES FINN claim complaint confession of judgment contract conveyance courts of equity creditors DAVIES debt declared deed defendant defendant's counsel delivered demand DENIO Dingee dower Elmendorf entitled equity evidence execution executor fact Gandall given ground held HOGEBOOM husband Husson indorser INGRAHAM interest JOHNSON judge judgment jury lands letters testamentary levy liable license lien lumber ment MULLIN nonsuit objection Ogden and Fellows Opinion owner paid parties payment person plaintiff possession premises prisoner promissory note provision purchase question real estate received recover referred refused respondent Seneca nation sheriff sold Statement statute subscription Supreme Court Term testator thereof tiff tion toll Tonawanda reservation treaty trial trust Unadilla river usury valid verdict void Wend wife witness
Popular passages
Page 546 - 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...
Page 529 - In the view I take of this case it is not necessary to express a final opinion on the point, or upon claimants' contention that actual delivery took place in the Port of London Authority's warehouse.
Page 149 - The objection, that the action was not commenced within the time limited, can be taken only by answer.
Page 253 - A party to an action may be examined as a witness, at the instance of the adverse party, or of any one of several adverse parties, and for that purpose may be compelled, in the same manner, and subject to the same rules of examination, as any other witness, to testify, either at the trial, or conditionally, or upon commission.
Page 333 - No acknowledgment or promise shall be sufficient evidence of a new or continuing contract, whereby to take the case out of the operation of this title, unless the same be contained in some writing signed by the party to be charged thereby ; but this section shall not alter the effect of any payment of principal or interest.
Page 370 - Amendment to the Constitution of the United States, which declares that "no person shall be deprived of life, liberty, or property without due process of law.
Page 154 - It is ordered that the paper heretofore filed purporting to be a copy of the last will and testament of said deceased...
Page 230 - In an action or defence founded upon an instrument for the payment of money only, it shall be sufficient for the party to give a copy of the instrument, and to state that there is due to him thereon from the adverse party a specified sum which he claims.
Page 252 - But in trials of any sort they are not allowed to be evidence for, or against, each other: partly because it is impossible their testimony should be indifferent, but principally because of the union of person; and therefore, if they were admitted to be witnesses for each other, they would contradict one maxim of law, "nemo in propria causa testis esse debet...
Page 137 - Letters of administration shall not be granted to a person convicted of an infamous crime, nor to any one incapable by law of making a contract, nor to a person not a citizen of the United States, unless...