The New York Supplement, Volume 227West Publishing Company, 1928 "Cases argued and determined in the Court of Appeals, Supreme and lower courts of record of New York State, with key number annotations." (varies) |
From inside the book
Results 1-5 of 100
Page 26
... rule 212 ; Civil Practice Act , § 473 ) . Under Rules of Civil Practice , rule 212 , providing that if , in court's opinion , parties should be left to relief by existing forms of action , or for other reasons , it may decline to ...
... rule 212 ; Civil Practice Act , § 473 ) . Under Rules of Civil Practice , rule 212 , providing that if , in court's opinion , parties should be left to relief by existing forms of action , or for other reasons , it may decline to ...
Page 30
... rule 212 of the Rules of Civil Practice . The appellants also contend that the loss , as between the defendant Glass and the defendant Cohen & Co. , should be borne by the defendant Glass . The appellants also contend that the finding ...
... rule 212 of the Rules of Civil Practice . The appellants also contend that the loss , as between the defendant Glass and the defendant Cohen & Co. , should be borne by the defendant Glass . The appellants also contend that the finding ...
Page 50
... rule stated would mean that a judicial officer , acting as the agent of the executive , was not holding another public office or trust . This rule should not be extended to a proceeding of such vital importance and serious consequences ...
... rule stated would mean that a judicial officer , acting as the agent of the executive , was not holding another public office or trust . This rule should not be extended to a proceeding of such vital importance and serious consequences ...
Page 77
... rule that will give him full compensation . ' " While that statement is made by the Court of Appeals in a general discussion of the rule of damage , the actual decision of the Court of Appeals was the affirmance of a judgment which ...
... rule that will give him full compensation . ' " While that statement is made by the Court of Appeals in a general discussion of the rule of damage , the actual decision of the Court of Appeals was the affirmance of a judgment which ...
Page 109
... Rules of Civil Practice , rule 112 , but under rule 104 to strike out defense as sham . 3. Pleading 360 ( 3 ) -Issue whether pleading is frivolous is resolved by inspection of pleadings ; but , in case of sham pleading , affidavits are ...
... Rules of Civil Practice , rule 112 , but under rule 104 to strike out defense as sham . 3. Pleading 360 ( 3 ) -Issue whether pleading is frivolous is resolved by inspection of pleadings ; but , in case of sham pleading , affidavits are ...
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Common terms and phrases
affirmed agreement alleged amended by Laws amount Appellate Division application attorney bank beneficiary bond Buffalo cause of action charged Civil Practice Act claim complaint concur Constitution contract costs and disbursements counsel counterclaim creditors Curtiss damages decedent default defendant defendant's Digests & Indexes entitled equity evidence executor fact Febru fendant Fourth Department fraud held Indexes 227 indictment JAMES O'MALLEY judgment jurisdiction jury justice Key-Numbered Digests LAZANSKY lease liability lien March March 14 March 21 Matter ment Misc mortgage Motion denied Motion granted motion to dismiss notice opinion Order filed paid party payment person petitioner plaintiff premises proceeding purchase question reason recover Respondent reversed Second Department Special Term statute subd subrogation Supreme Court surety Surrogate's Court Telegram Corporation tenant thereof tion topic & KEY-NUMBER trial trust York City York County
Popular passages
Page 144 - The question, whether a law be void for its repugnancy to the Constitution, is, at all times, a question of much delicacy, which ought seldom, if ever, to be decided in the affirmative, in a doubtful case.
Page 126 - The right of a person to a pension, an annuity or a retirement allowance, to the return of contributions, the pension, annuity, or retirement allowance itself, any optional benefit, any other right accrued or accruing to any person under the provisions of this...
Page 47 - They may be required by law to renew their security, from time to time; and in default of giving such new security, their offices shall be deemed vacant. But the county shall never be made responsible for the acts of the sheriff. The governor may remove any officer, in this section mentioned, within the term for which he shall have been elected; giving to such officer a copy of the charges against him, and an opportunity of being heard in his defense.
Page 83 - W'.here the complaint demands judgment, that the defendant be excluded from a vested or contingent interest in or lien upon, specific real or personal property within the state; or that such an interest or lien in. favor of either party be enforced, regulated, defined, or limited; or otherwise affecting the title to such property.
Page 110 - Service of such process shall be made by leaving a copy of the process with a fee of two dollars in the hands of the registrar, or in his office, and such service shall be sufficient service upon the said non-resident ; provided, that notice of such service and a copy of the process are forthwith sent by registered mail by the plaintiff to the defendant, and the defendant's return receipt and the plaintiff's affidavit of compliance herewith are appended to the writ and entered with the declaration....
Page 334 - Where there is an available market for the goods in question, the measure of damages is, in the absence of special circumstances, showing proximate damage of a greater amount...
Page 39 - ... 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...
Page 39 - ... 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 so testify or produce evidence...
Page 48 - Court, other than those ef a justice out of court, and those pertaining to the Appellate Division, or to the hearing and decision of motions submitted by consent of counsel, but any such justice, when not actually engaged in performing the duties of such appellate justice in the department to which he is designated...
Page 47 - The judges of the Court of Appeals and the justices of the Supreme Court shall not hold any other public office or trust, except that they shall be eligible to serve as members of a constitutional convention.