Reports of Cases Heard and Determined in the Appellate Division of the Supreme Court of the State of New York, Volume 132 |
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Results 1-5 of 100
Page 29
... motion for a per- emptory writ of mandamus . John E. Walker , for the appellant . James D. Bell [ Francis K. Pendleton with him on the brief ] , for the respondents . MILLER , J .: This is an appeal from an order denying a motion for a ...
... motion for a per- emptory writ of mandamus . John E. Walker , for the appellant . James D. Bell [ Francis K. Pendleton with him on the brief ] , for the respondents . MILLER , J .: This is an appeal from an order denying a motion for a ...
Page 56
... motion to substitute representa- tive of deceased partner as party defendant — laches — withdrawal of demurrer . - The representative of a deceased partner can be sued on a partnership debt or substituted in the place of the decedent in ...
... motion to substitute representa- tive of deceased partner as party defendant — laches — withdrawal of demurrer . - The representative of a deceased partner can be sued on a partnership debt or substituted in the place of the decedent in ...
Page 66
... motion to require a defendant to accept notice of appeal asserts the validity of the judgment to be appealed from . Where a plaintiff has failed to appeal from an order denying a motion to set aside a judgment upon the ground that the ...
... motion to require a defendant to accept notice of appeal asserts the validity of the judgment to be appealed from . Where a plaintiff has failed to appeal from an order denying a motion to set aside a judgment upon the ground that the ...
Page 67
... motion to compel the defend- ant to accept a notice of appeal , and also from an order bearing date the 5th day of March , 1909 , and entered in said clerk's office resettling the prior order . Lavinia Lally , for the appellant . George ...
... motion to compel the defend- ant to accept a notice of appeal , and also from an order bearing date the 5th day of March , 1909 , and entered in said clerk's office resettling the prior order . Lavinia Lally , for the appellant . George ...
Page 68
... motion to set aside the judgment , and were waived when she neglected to appeal from the order denying her motion . The order appealed from should be affirmed . HIRSCHBERG , P. J. , JENKS , RICH and MILLER , JJ . , concurred . Order ...
... motion to set aside the judgment , and were waived when she neglected to appeal from the order denying her motion . The order appealed from should be affirmed . HIRSCHBERG , P. J. , JENKS , RICH and MILLER , JJ . , concurred . Order ...
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Common terms and phrases
agreement alleged amended amount appellant to abide April attorney bank Burr cause of action chap charge Civil Procedure claim clerk Code of Civil commissioner complaint concurred contract corporation costs and disbursements counsel Court in favor Creem damages deceased defendant defendant's demurrer dismissed dissented dollars costs employer entitled evidence ex rel executor fact Fourth Department Gaynor Hirschberg Impleaded INGRAHAM injury Jenks Judgment and order June jury Kings County LAUGHLIN lease liability Matter ment mortgage negligence notice opinion Order affirmed order appealed paid party payment person plaintiff premises proceedings question real property received recover Respondent Rich and Miller Second Department Special Term statute street Supreme Court surety Surrogate's Court ten dollars costs tenant testator thereof Third Department tion trust undertenants verdict Woodward York York ex rel
Popular passages
Page 41 - The general rule is, that the master is answerable for every such wrong of the servant or agent as is committed in the course of the service and for the master's benefit, though no express command or privity of the master be proved.
Page 408 - It is a familiar canon of construction that a thing which is within the intention of the makers of a statute is as much within the statute as if it were within the letter; and a thing which is within the letter of the statute is not within the statute unless it be within the intention of the makers.
Page 241 - If the thing stolen consists of any evidence of debt, or other written instrument, the amount of money due thereupon, or secured to be paid thereby, and remaining unsatisfied, or which in any contingency might be collected thereon, or the value of the property the title to which is shown thereby, or the sum which might be recovered in the absence thereof, is the value of the thing stolen.
Page 542 - That no debt created by the fraud or embezzlement of the bankrupt, or by his defalcation as a public officer, or while acting in any fiduciary character, shall be discharged under this act; but the debt may be proved, and the dividend thereon shall be a payment on account of said debt...
Page 407 - The testimony so given shall not be used in any prosecution or proceeding, civil or criminal, against the person testifying. Any such person testifying shall not thereafter be liable to indictment, prosecution or punishment for the offense with reference to which his testimony was given, and may plead or prove the giving of testimony accordingly, in bar of such an indictment or prosecution.
Page 824 - ... giving and granting unto my said attorney full power and authority to do and perform all and every act and thing whatsoever requisite and necessary to be done in and about the premises, as fully to all intents and purposes as I might or could do if personally present...
Page 73 - No county, city, town or village shall hereafter give any money or property, or loan its money or credit to or in aid of any individual, association or corporation, or become directly or indirectly the owner of stock in, or bonds of, any association or corporation ; nor shall any such county, city, town or village be allowed to incur any indebtedness except for county, city, town or village purposes.
Page 172 - If an action is pending, that the person to be examined is about to depart from the state, or that he is so sick or infirm, as to afford reasonable ground to believe that he will not be able to attend the trial; or that any other special circumstances exist, which render it proper that he should be examined as prescribed in this article.
Page 771 - Works, shall and may be retained by the said parties of the first part until all such suits or claims for damages as aforesaid shall have been settled, and evidence to that effect furnished to the satisfaction of the said Commissioner.
Page 148 - For the existence of a state of mind on the part of the juror, in reference to the case, or to either party ? which satisfies the triers, in the exercise of a sound discretion, that he cannot try the issue impartially and without prejudice to the substantial rights of the party challenging, and which is known in this code as actual bias.