Miscellaneous Reports. Cases Decided in the Courts of Record of the State of New York Other Than the Court of Appeals and the Appellate Division of the Supreme Court, Volume 31Lawyers Co-operative Publishing Company, 1900 "Cases decided in the courts of record of the state of New York, other than the Court of Appeals and the Appellate Division of the Supreme Court, including the Appellate Term of the Supreme Court for the hearing of appeals from the City Court of the city of New York and the Municipal Court of the city of New York; special terms and trial terms of the Supreme Court, City Court of the city of New York, the Court of general sessions of the peace in and for the city and county of New York, county courts, and the Surrogates' Courts." (varies slightly) |
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Page 6
... Term as contemplated by the order , should be denied ; and all further proceedings in the action must be remitted to the Special Term . The Trial Term has , in such case , no power to make findings upon undisputed questions of fact ...
... Term as contemplated by the order , should be denied ; and all further proceedings in the action must be remitted to the Special Term . The Trial Term has , in such case , no power to make findings upon undisputed questions of fact ...
Page 7
... Term to vacate these additional findings . The motion was granted on the ground that the justice was without authority to make or direct such find- ings . A further motion is now made to set aside the verdict and to declare a mistrial ...
... Term to vacate these additional findings . The motion was granted on the ground that the justice was without authority to make or direct such find- ings . A further motion is now made to set aside the verdict and to declare a mistrial ...
Page 22
... Term , March , 1900. ) Affected by a reversal at the Appellate Term " with costs to abide the event " . Where the Appellate Term reverses a judgment of the City Court of the city of New York , rendered in favor of the plaintiff ( and ...
... Term , March , 1900. ) Affected by a reversal at the Appellate Term " with costs to abide the event " . Where the Appellate Term reverses a judgment of the City Court of the city of New York , rendered in favor of the plaintiff ( and ...
Page 23
... Term was simply an award of the costs in that court and which the party would be able to tax in his favor if he succeeded upon the new trial , thus granted him by that court on appeal . It follows , therefore , that the order appealed ...
... Term was simply an award of the costs in that court and which the party would be able to tax in his favor if he succeeded upon the new trial , thus granted him by that court on appeal . It follows , therefore , that the order appealed ...
Page 25
... terms , in order that he may contest the charge of fraud , although he never filed an affidavit of merits , he conceding the debt to be due and unpaid . APPEAL from an order made at a Special Term of the City Court of the city of New ...
... terms , in order that he may contest the charge of fraud , although he never filed an affidavit of merits , he conceding the debt to be due and unpaid . APPEAL from an order made at a Special Term of the City Court of the city of New ...
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Common terms and phrases
abide event adverse possession affidavit agreement alleged amount appellant to abide Appellate Term application appointed April assessment attorney Bank BEEKMAN bond borough of Manhattan cause of action chap charge Charles Fleischmann Charles W City Court Civil Procedure claim Code commissioners complaint contract corporation costs to appel counsel Curiam damages death deceased decedent defendant defendant's demurrer denied dollars entitled evidence ex rel executors fact favor fendant filed GIEGERICH and O'GORMAN grand jury interest issue Judgment reversed jurisdiction liability Manhattan Matter ment Misc Monroe County mortgage motion Municipal Court N. Y. St N. Y. Supp notice Otsego County owner paid parties payment person plaintiff pleaded possession premises present proceeding proof provisions question railroad real estate received recover reference respondent rule statute Supreme Court Surrogate's Court testator testimony thereof tion trial ordered trust verdict York County
Popular passages
Page 57 - ... no laborer, workman or mechanic in the employ of the contractor, subcontractor or other person doing or contracting to do the whole or a part of the work contemplated by the contract shall be permitted or required to work more than eight hours in any one calendar day except in cases of extraordinary emergency caused by fire, flood or danger to life or property.
Page 29 - In pleading a judgment, or other determination, of a court or officer of special jurisdiction, it is not necessary to state the facts conferring jurisdiction; but the judgment or determination may be stated to have been duly given or made.
Page 95 - Where the instrument is payable at a bank, presentment for payment must be made during banking hours, unless the person to make payment has no funds there to meet it at any time during the day, in which case presentment at any hour before the bank is closed on that day is sufficient.
Page 390 - An action, civil or criminal, cannot be maintained against a reporter, editor, publisher, or proprietor of a newspaper, for the publication therein of a fair and true report of any judicial, legislative, or other public and official proceedings, without proving actual malice in making the report.
Page 778 - York, and having its principal office and place of business in the Borough of Manhattan, City, County and State of New York (herein called the "Association").
Page 676 - No corporation constructing and operating a railroad under the provisions of this article, or of chapter two hundred and fifty-two of the laws of eighteen hundred and eighty-four, shall charge any passenger more than five cents for one continuous ride from any point on its road, or on any road, line, or branch operated by it, or under its control, to any other point thereof, or any connecting branch thereof, within the limits of any incorporated city or village.
Page 736 - Provided, That at no time shall more than one-half of the funds in the treasury of the corporation be applicable to the demands of withdrawing stockholders, without the consent of the board of directors, and that no stockholder shall be entitled to withdraw, whose stock is held in pledge for security.
Page 448 - Payments by counties, cities, towns and villages to charitable, eleemosynary, correctional and reformatory institutions, wholly or partly under private control, for care, support and maintenance, may be authorized, but shall not be required by the Legislature.
Page 163 - 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.
Page 433 - Guaranteeing the fidelity of persons holding places of public or private trust. Guaranteeing the performance of contracts other than insurance policies and executing or guaranteeing bonds and undertakings required or permitted in all actions or proceedings or by law required.