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action affirmed agreement alleged amount Appellant application authority bridge building Burr cause chap charge claim clerk Code Company complaint concurred condition construction contract corporation costs court damages December defendant defendant's denied determine directed dollars costs duty entered entitled event evidence ex rel execution fact favor February give granted ground held Hirschberg injury interest issue January Jenks judgment jury land liability lien March Matter Miller mortgage motion Municipal necessary negligence notice operation opinion paid party payment person plaintiff premises present proceeding purchase question railroad reason received recover referred relator Respondent reversed Rich rule Second Department Special statute street Supreme Court Term testified thereof Third Department Thomas tion town track trial trust verdict witness Woodward York
Stranica 293 - A prohibition simply upon the use of property for purposes that are declared, by valid legislation, to be injurious to the health, morals, or safety of the community, cannot, in any just sense, be deemed a taking or an appropriation of property for the public benefit.
Stranica 246 - If a bankrupt shall have given a preference within four months before the filing of a petition, or after the filing of the petition and before the adjudication, and the person receiving it, or to be benefited thereby, or his agent acting therein, shall have had reasonable cause to believe that it was intended thereby to give a preference, it shall be voidable by the trustee, and he may recover the property or its value from such person.
Stranica 160 - CCP, §91. True, but still, all form is not abolished, for the same CCP, § § 91. 92, prescribes, "that the complaint shall contain a plain and concise statement of the facts constituting the cause of action without unnecessary repetition, and each material allegation shall be distinctly numbered.
Stranica 305 - A conviction cannot be had upon the testimony of an accomplice, unless he be corroborated by such other evidence as tends to connect the defendant with the commission of the offense, and the corroboration is not sufficient if It merely shows the commission of the offense or the circumstances thereof.
Stranica 420 - It is that unless the party setting up the unconstitutionality of the state law belongs to the class for whose sake the constitutional protection is given, or the class primarily protected, this court does not listen to his objections, and will not go into imaginary cases, notwithstanding the seeming logic of the position that it must do so, because if, for any reason, or as against any class embraced, the law is unconstitutional, it is void as to all.
Stranica 813 - The action was brought to recover damages for a personal injury alleged to have been sustained by the plaintiff through the negligence of the defendant.
Stranica 246 - A person shall be deemed to have given a preference if, being insolvent, he has procured or suffered a judgment to be entered against himself in favor of any person, or made a transfer of- any of his property, and the effect of the enforcement of such judgment or transfer will be to enable any one of his creditors to obtain a greater percentage of his debt than any other of such creditors of the same class.
Stranica 20 - ... unsafe, unsuitable or improper, and which are not so constructed, placed and operated as to give proper protection to the life and limb of a person so employed or engaged.
Stranica 57 - Thereafter the defendant's counsel requested the court to charge: "That the character of the defendant may be such as to create a reasonable doubt In the minds of the jury...
Stranica 454 - In an action brought to recover a judgment affecting the title to, or the possession, use, or enjoyment of, real property...