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 34New York (State). Courts, Francis Blaine Delehanty (Reporter), Austin B. Griffin (Reporter), Robert George Scherer (Reporter), Edward Jordan Dimock (Reporter), Joseph Albert Lawson (Reporter), Charles Cook Lester (Reporter), William Van Rensselaer Erving (Reporter), Louis J. Rezzemini (Reporter) Lawyers Co-operative Publishing Company, 1901 "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 16
... complaint , and in the light of Mr. Ster- ling's denial neither the memorandum nor the original averment can , of course , be considered . In reply to the affidavit of Mr. Costello and to meet certain reflections indulged in in the argu ...
... complaint , and in the light of Mr. Ster- ling's denial neither the memorandum nor the original averment can , of course , be considered . In reply to the affidavit of Mr. Costello and to meet certain reflections indulged in in the argu ...
Page 21
... complaint , with costs . Complaint dismissed , with costs . THE PEOPLE ex rel . LILLIE LUDDEN , Formerly LILLIE WINSTON , Relator , v . WALKER WINSTON , Respondent . ( Supreme Court , New York Special Term , February , 1901. ) Habeas ...
... complaint , with costs . Complaint dismissed , with costs . THE PEOPLE ex rel . LILLIE LUDDEN , Formerly LILLIE WINSTON , Relator , v . WALKER WINSTON , Respondent . ( Supreme Court , New York Special Term , February , 1901. ) Habeas ...
Page 49
... complaint and can be no part of a " defence " as this must consist of new matter , viz . , matter which cannot be proved under a denial or under the issue raised by a denial , but constitutes a defence to the action on the assumption ...
... complaint and can be no part of a " defence " as this must consist of new matter , viz . , matter which cannot be proved under a denial or under the issue raised by a denial , but constitutes a defence to the action on the assumption ...
Page 50
... complaint not denied by the answer stands as admitted , and formal admissions in an answer are super- fluous and very often tedious and confusing . Why they are pleaded is one of the inscrutable things in the lives of judges and lawyers ...
... complaint not denied by the answer stands as admitted , and formal admissions in an answer are super- fluous and very often tedious and confusing . Why they are pleaded is one of the inscrutable things in the lives of judges and lawyers ...
Page 51
... complaint to be true . If it does not stand this test it is demurrable for insufficiency ( Code Civ . Pro . , ยง 494 ) . If there be anything in a " defence " which is not " new matter " , it is of no weight there whatever . This all ...
... complaint to be true . If it does not stand this test it is demurrable for insufficiency ( Code Civ . Pro . , ยง 494 ) . If there be anything in a " defence " which is not " new matter " , it is of no weight there whatever . This all ...
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alleged amendment amount Appellate Term application April assessment assignment attorney bank borough of Manhattan cause of action chap chattel City Court Civil Procedure claim commissioners Company complaint concur contract corporation counsel creditors damages death debts deceased decedent decree defendant defendant's demurrer denial denied district dollars entitled evidence ex rel executor exempt fact favor February fendant filed held interest issue John Whalen Judgment affirmed jurisdiction jury justice liable lien Manhattan March Matter ment Misc mortgage motion Municipal Court notice offer of judgment Onondaga County owner paid parties payment person petitioner plaintiff pleading premises present proceeding proof provisions question recover refusal relator rendered replevin residuary estate respondent reversed rule statute street Suffolk County Supreme Court Surrogate's Court Tax Law testator testimony thereof tion town transfer tax trial ordered trust verdict Westchester County writ York County York Special Term