Reports of Cases Heard and Determined in the Appellate Division of the Supreme Court of the State of New York, Volume 96 |
From inside the book
Results 1-5 of 100
Page 5
... complaint are such as to affix to the plaintiff a repre- sentative character and standing in the litigation , and to show that the cause of action , if any , devolved upon him solely in that character , the omission , in the title of ...
... complaint are such as to affix to the plaintiff a repre- sentative character and standing in the litigation , and to show that the cause of action , if any , devolved upon him solely in that character , the omission , in the title of ...
Page 6
... complaint the word " as " between the names of the plain- tiffs and the words descriptive of their representative capacity is omitted , but it does not necessarily follow because of such omission that the action is brought in a personal ...
... complaint the word " as " between the names of the plain- tiffs and the words descriptive of their representative capacity is omitted , but it does not necessarily follow because of such omission that the action is brought in a personal ...
Page 15
... complaint upon the ground that it did not state facts sufficient to constitute a cause of action . The court granted this motion and dismissed the complaint , filing a decision which recited that the complaint was dismissed upon the ...
... complaint upon the ground that it did not state facts sufficient to constitute a cause of action . The court granted this motion and dismissed the complaint , filing a decision which recited that the complaint was dismissed upon the ...
Page 16
... complaint was dismissed , these facts must be assumed to be true , and the answers of the defend- ants which deny many allegations of the complaint and alleged facts in defense of the transaction , which , if proved , would be a defense ...
... complaint was dismissed , these facts must be assumed to be true , and the answers of the defend- ants which deny many allegations of the complaint and alleged facts in defense of the transaction , which , if proved , would be a defense ...
Page 17
... complaint alleges the individual defendants did , and while these facts are denied by the answers , upon this appeal we are bound to treat all of the allegations of the complaint as true . It is the violation of duty which follows from ...
... complaint alleges the individual defendants did , and while these facts are denied by the answers , upon this appeal we are bound to treat all of the allegations of the complaint as true . It is the violation of duty which follows from ...
Other editions - View all
Common terms and phrases
abide event alleged amended amount appellant to abide bank bond Buffalo Furnace Company cause of action certificate chap charge Civil Procedure claim clerk Code of Civil commissioners complaint concurred construction contract corporation costs and disbursements damages deceased defendant defendant's denied dissented dollars costs elevator entered entitled evidence ex rel executors facts FOURTH DEPARTMENT granted Impleaded injury Interurban Street Railway issued Judgment and order JULY JUNE jury lease liability Matter ment Metropolitan Street Railway mortgage motion negligence O'BRIEN opinion Order affirmed paid party payment person plaintiff premises prior proceeding purchase question Railroad Company reason recover relator Respondent Retsof reversed rule statute Supreme Court Surrogate's Court testator testified testimony therein thereof Third Avenue Railroad THIRD DEPARTMENT Thomas H tion trustee Twenty-third Street Railway Union Iron verdict witness York York ex rel
Popular passages
Page 197 - ... no person shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter or thing concerning which he may so testify or produce evidence, documentary or otherwise, and no testimony so given or produced shall be received against him upon any criminal investigation or pro/ceeding.
Page 582 - ... together with the appurtenances and all the estate and rights of the party of the first part in and to said premises.
Page 215 - ... any improper materials used in its construction, or by or on account of any act or omission of the said contractor or his agents...
Page 197 - ... him or subject him to a penalty or forfeiture. But no person shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter, or thing concerning which he may testify or produce evidence, documentary or otherwise, before said Commission, or in obedience to its subpoena, or the subpoena of either of them, or in any such case or proceeding...
Page 604 - Tunnygate, against the form of the statute in such case made and provided, and against the peace of the People of the State of New York and their dignity.
Page 390 - And where a person, not a party to the action, has an interest in the subject thereof, or in real property, the title to which may in any manner be affected by the judgment, and makes application to the court to be made a party, it must direct him to be brought in by the proper amendment.
Page 200 - ... no person shall be excused from attending and testifying, or producing any books, papers or other documents before any court or magistrate, upon any investigation, proceeding or trial...
Page 670 - ... attorney, which shall not be less than ten days, and may be extended by the court or a justice thereof. Such writ shall be returnable to a special term of the supreme court of the judicial district in which the assessment complained of was made.
Page 604 - ... or without the consent of her father, mother, guardian or other person having legal charge of her person, for the purpose of marriage: or, 2.
Page 29 - Upon indictment for offense consisting of different degrees, jury may convict of any degree, or of any attempt to commit the offense. Upon an indictment for a crime consisting of different degrees, the jury may find the defendant not guilty of the degree charged in the indictment, and guilty of any degree inferior thereto, or of an attempt to commit the crime.