Reports of Cases Argued and Determined in the Supreme Court of the State of New York, Volume 5

Front Cover

From inside the book

Other editions - View all

Common terms and phrases

Popular passages

Page 519 - ... 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.
Page 491 - 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...
Page 93 - ... 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.
Page 490 - ... 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.
Page 4 - 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.
Page 519 - ... 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...
Page 335 - ... 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.
Page 178 - 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.
Page 455 - ... 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.
Page 454 - 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.

Bibliographic information