The New York Supplement, Volume 102West Publishing Company, 1907 |
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Page 7
... amended complaint separately stating his common - law action , and action under the employers ' liability act , was not authorized by Code Civ . Proc . § 545 , authorizing the striking out of irrelevant and redundant matter . Appeal ...
... amended complaint separately stating his common - law action , and action under the employers ' liability act , was not authorized by Code Civ . Proc . § 545 , authorizing the striking out of irrelevant and redundant matter . Appeal ...
Page 8
... amended complaint , sepa- rately stating his common - law action , and his action under the employ- ers ' liability ... amend his pleadings , and to set up two causes of action where he only has one , at the expense and delay of this ...
... amended complaint , sepa- rately stating his common - law action , and his action under the employ- ers ' liability ... amend his pleadings , and to set up two causes of action where he only has one , at the expense and delay of this ...
Page 27
... amended in writing several times , and the plaintiff con- tinued in the employment until discharged on April 6th , 1900 , by a notice of 30 days . An amendment of February 15th , 1897 , provided that " The contract between the parties ...
... amended in writing several times , and the plaintiff con- tinued in the employment until discharged on April 6th , 1900 , by a notice of 30 days . An amendment of February 15th , 1897 , provided that " The contract between the parties ...
Page 28
... amended by written amendment dated February 15th , 1897 ; also by one dated June 22d , 1898 ; also by one dated May ... amended was in terms " extended " from the 1st day of March in one year to the same day in the following year , the ...
... amended by written amendment dated February 15th , 1897 ; also by one dated June 22d , 1898 ; also by one dated May ... amended was in terms " extended " from the 1st day of March in one year to the same day in the following year , the ...
Page 29
... amendments of the contract in express terms either canceled that provision or even referred to it . The original contract , when amended or changed , was invariably extended or con- and 136 New York State Reporter tinued in express ...
... amendments of the contract in express terms either canceled that provision or even referred to it . The original contract , when amended or changed , was invariably extended or con- and 136 New York State Reporter tinued in express ...
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Common terms and phrases
136 New York 52 Misc affidavit affirmed agreement alleged amended amount Appeal from Special Appellate Division Appellate Term Argued before GILDERSLEEVE Argued before PATTERSON attorney authority Bank cause of action Cent charge Civil Procedure claim Code of Civil complaint concur contract corporation costs counsel creditors damages death deceased defendant defendant appeals defendant's denied dismissed entitled evidence execution executors fact February 11 fendant granted held January 11 January 25 judgment jurisdiction jury Kings County liable lien ment mortgage motion Municipal Court N. Y. Supp Note Note.-For owner paid parties payment person plaintiff premises proceeding purchase question railroad reason received recover referee respondent reversed Special Term statute street supra Supreme Court testator testified testimony thereof tiff tion trial trust company verdict York County York State Reporter
Popular passages
Page 193 - Appointments and promotions in the civil service of the State, and of all the civil divisions thereof, including cities and villages, shall be made according to merit and fitness to be ascertained, so far as practicable, by examinations, which, so far as practicable, shall be competitive...
Page 507 - That all conditions were fulfilled, and all things happened and all times elapsed necessary to entitle the plaintiff...
Page 331 - From the commencement of an action or special proceeding, or the service of an answer containing a counterclaim, the attorney who appears for a party has a lien upon his client's cause of action, claim or counterclaim, which attaches to a verdict, report, decision, judgment or final order in his client's favor, and the proceeds thereof in whosesoever hands they may come; and the lien cannot be affected by any settlement between the parties before or after judgment or final order. The court upon the...
Page 509 - The value of securities held by secured creditors shall be determined by converting the same into money according to the terms of the agreement pursuant to which such securities were delivered to such creditors or by such creditors and the trustee, by agreement, arbitration, compromise, or litigation, as the court may direct, and the amount of such value shall be credited upon such claims, and a dividend shall be paid only on the unpaid balance.
Page 113 - Such power of alienation is suspended, when there are no persons in being, by whom an absolute fee in possession can be conveyed.
Page 528 - to exercise exclusive legislation in all cases whatsoever over such district, not exceeding ten miles square, as may by cession of particular states, and the acceptance of Congress, become the seat of government of the United States...
Page 542 - A person who extorts any money or other property from another, under circumstances not amounting to robbery, by means of force or a threat mentioned in the last two sections, is punishable by imprisonment not exceeding five years.
Page 281 - ... may be summoned to show cause why they should not be bound by the judgment, in the same manner as though they had been originally served with the summons.
Page 244 - A deposit by one person of his own money, in his own name as trustee for another, standing alone, does not establish an irrevocable trust during the lifetime of the depositor. It is a tentative trust merely, revocable at will, until the depositor dies or completes the gift in his lifetime by some unequivocal act or declaration such as delivery of the passbook or notice to the beneficiary.
Page 573 - Where the instrument is addressed to a drawee, he must be named or otherwise indicated therein with reasonable certainty.