Reports of Cases Argued and Determined in the Supreme Court of the State of New York, 5권Banks & Bros., 1872 |
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action was brought affirmed Albany alleged amendment appear applied arrest assessment authority Barb bonds canal certiorari charge cited City of Lockport claim commissioners common council complaint contract Cortland county counsel County Court county judge court of equity damages deceased defendant defendant's election entitled error evidence ex rel execution fact favor Gallupville ground held highway indictment injury Insurance issue JOHNSON and TALCOTT judgment jurisdiction jury justice land LANSING VOL liable lien ment mortgage nonsuit notice officer opinion owner paid PARKER party payment Penn Yan person petition plaintiff Porter possession premises Present-MILLER Present-MULLIN proceedings proof purchase question Railroad Company received recover referee refused repair respondent rule sheriff statute statute of frauds statute of limitations tax-payers testator testimony thereof THIRD DEPARTMENT tion town Town of Homer town of Solon trial trustees void vote warrant Wend witness Woodbeck
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519 페이지 - ... whenever any proceeding taken by a party fails to conform in any respect to the provisions of this code, the court may, in like manner, and upon like terms, permit an amendment of such proceeding, so as to make it conformable thereto.
491 페이지 - The maintaining or educating, or the giving of money to a child, without a view to a portion or settlement in life, shall not be deemed an advancement...
93 페이지 - ... he has read the foregoing petition and knows the contents thereof; that the same is true of his own knowledge, except as to matters therein stated to be alleged upon information and belief, and that as to those matters he believes it to be true.
490 페이지 - ... had died intestate, and shall be entitled to recover the same portion from the devisees and legatees, in proportion to and out of the parts devised and bequeathed to them by such will.
4 페이지 - But no person shall hold the office of justice or judge of any court longer than until and including the last day of December next, after he shall be seventy years of age.
519 페이지 - ... it upon the other, or to do any other act, necessary to perfect the appeal, or to stay the execution of the judgment or order appealed from...
335 페이지 - ... person so charged shall, at his own request, but not otherwise, be deemed a competent witness; and his neglect or refusal to testify shall not create any presumption against him.
178 페이지 - The theory of amendments, made in the form adopted in the present instance, \ve take to be this : The portions of the section which are repeated are to be considered as having been the law from the time they were first enacted, and the new provisions are to be understood as enacted at the time the amended act took effect.
455 페이지 - ... die before the expiration of the time limited for the commencement thereof, and the cause of action survive, an action may be commenced by his representatives, after the expiration of that time and within one year from his death.
454 페이지 - The time of such disability is not a part of the time limited for the commencement of the action, except that the period, within which the action must be brought, cannot be extended more than five years, by any such disability, except infancy, nor can it be so extended in any case longer than one year after the disability ceases.