Report of Cases Decided in the Court of Claims of the State of New York, with Other Information Required by Statute, Volume 11


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Página xliii - ... except as to the matters therein stated to be alleged on information and belief ; and that as to those matters he believes it to be true.
Página li - ... court in a city, has power to compel a party to an action pending therein, to produce and discover, or to give to the other party, an inspection and copy, or permission to take a copy...
Página xxxii - ... and upon the clerk with whom the judgment or order appealed from is entered, by filing it in his office, a written notice to the effect that the appellant appeals from the judgment or order or from a specified part thereof.
Página 60 - The court of claims possesses all of the powers and jurisdiction of the former board of claims. It also has jurisdiction to hear and determine a private claim against the state, including...
Página 53 - an established principle of jurisprudence in all civilized nations that the sovereign cannot be sued in its own courts, or in any other, without its consent and permission ; but it may, if it thinks proper, waive this privilege and permit itself to be made a defendant in a suit by individuals or by another State.
Página 148 - An act making provision for issuing bonds to the amount of not to exceed one hundred and one million dollars for the improvement of the Erie canal, the Oswego canal and the Champlain canal, and providing for a submission of the same to the people to be voted upon at the general election to be held in the year nineteen hundred and three...
Página 134 - When several proximate causes contribute to an accident, and each is an efficient cause, without the operation of which the accident would not have happened, it may be attributed to all or any of the causes ; but it cannot be attributed to a cause unless without its operation the accident would not have happened.
Página 52 - US 341, that the maxim, that the king can do no wrong, has no place in our system of government ; yet, it is also true, in respect to the State itself, that whatever wrong is attempted in its name is imputable to its government, and not to the State, for, as it can speak and act only by law, whatever it does say and do must be lawful.
Página 64 - To examine and liquidate the claims of all persons against the state, in cases where provision for the payment thereof shall have been made by law ; and where no such provision, or {in insufficient provision, shall have been made, to examine the claim and report the facts, with his opinion thereon, to the legislature.
Página xxix - The determination of the court upon a claim shall be by a judgment to be entered in a book to be kept by the clerk for that purpose, and signed and certified by him.

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