Reports of Cases Heard and Determined in the Appellate Division of the Supreme Court of the State of New York, 79권 |
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affirmed agreement alleged amended amount appellant appointed assessment authority Bank cause of action chap charge cited Civil Procedure claim clerk Code of Civil commissioners common council complaint concurred Constitution contract contributory negligence corporation costs counsel Court in favor creditor deceased decree deed defendant defendant's discharge duty engine entered entitled evidence ex rel executor fact FOURTH DEPARTMENT George W Grand Trunk Railway granted held HIRSCHBERG injury intestate issue JANUARY TERM jury Legislature liable lumber ment milk motion municipality negligence opinion owner paid parties payment person plaintiff premises proceeding proof provision purpose question railroad reason received referred respondent reversed rule SECOND DEPARTMENT Special Term statute street Supreme Court Surrogate's Court thereof THIRD DEPARTMENT tion town transfer verdict warranty wife writ writ of mandamus York YORK ex rel
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18 페이지 - ... the right of the citizen to be free in the enjoyment of all his faculties ; to be free to use them in all lawful ways ; to live and work where he will ; to earn his livelihood by any lawful calling ; to pursue any livelihood or avocation, and for that purpose to enter into all contracts which may be proper, necessary and essential to his carrying out to a successful conclusion the purposes above mentioned.
397 페이지 - No person shall be subject to be twice put in jeopardy for the same offense; nor shall he be compelled in any criminal case to be a witness against himself; nor be deprived of life, liberty or property without due process of law; nor shall private property be taken for public use, without just compensation.
585 페이지 - The court may determine any controversy between parties before it, when it can be done without prejudice to the rights of others, or by saving their rights ; but when a complete determination of the controversy cannot be had without the presence of other parties, the court must order them to be brought in.
183 페이지 - All city, town and village officers, whose election or appointment is not provided for by this Constitution, shall be elected by the electors of such cities, towns and villages, or of some division thereof, or appointed by such authorities thereof, as the Legislature shall designate for that purpose.
632 페이지 - The court may, before, or after judgment, in furtherance of justice, and on such terms as may be proper, amend any pleading, process, or proceeding, by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect...
200 페이지 - ... shall be elected by the electors, of such cities, towns and villages, or of some division thereof, or appointed by such authorities thereof, as the Legislature shall designate for that purpose. All other officers whose election or appointment is not provided for by this Constitution, and all officers whose offices may hereafter be created by law, shall be elected by the people, or appointed, as the Legislature may direct Section 3.
256 페이지 - A thing which is within the intention of the makers of a statute is as much within the statute as if it were within the letter; and a thing which is within the letter of the statute is not within the statute unless it be within the intention of the makers, and such construction ought to be put upon it as does not suffer it to be eluded.
376 페이지 - ... and issue stock to the amount of the value thereof in payment therefor, and the stock so issued shall be...
19 페이지 - No member of this state shall be disfranchised, or deprived of any of the rights or privileges secured to any citizen thereof, unless by the law of the land or the judgment of his peers.
20 페이지 - To justify the state in thus interposing its authority in behalf of the public it must appear, first, that the interests of the public generally, as distinguished from those of a particular class, require such interference ; and, second, that the means are reasonably necessary for the accomplishment of the purpose and not unduly oppressive upon individuals.