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 45New 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, 1905 "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 35
... Held that the fact that Fritz Leopold Schmidt , Sr. and Maria Louisa Schmidt , individually and as administratrix of John Wil- liam Schmidt , deceased , were not made parties to the action , did not furnish any reason why the court ...
... Held that the fact that Fritz Leopold Schmidt , Sr. and Maria Louisa Schmidt , individually and as administratrix of John Wil- liam Schmidt , deceased , were not made parties to the action , did not furnish any reason why the court ...
Page 38
... held to be the obvious meaning of the Code of Civil Procedure ( 8 452 ) , the judicial determination of any con- troversy must necessarily be postponed to abide the cessation of litigious inclination of the parties , or any of them ...
... held to be the obvious meaning of the Code of Civil Procedure ( 8 452 ) , the judicial determination of any con- troversy must necessarily be postponed to abide the cessation of litigious inclination of the parties , or any of them ...
Page 48
... held by these two men from that of assistants to expert accountants to that of disbursing clerks . The change took effect September 1 , 1902 and thereafter the two men in question were known as disbursing clerks and per- formed the same ...
... held by these two men from that of assistants to expert accountants to that of disbursing clerks . The change took effect September 1 , 1902 and thereafter the two men in question were known as disbursing clerks and per- formed the same ...
Page 52
... held by such person , unless he shall have passed the examination or attained a place upon the eligible list for such higher position . " The plain purpose of such enact- ments is to protect the position subject to competitive exam ...
... held by such person , unless he shall have passed the examination or attained a place upon the eligible list for such higher position . " The plain purpose of such enact- ments is to protect the position subject to competitive exam ...
Page 54
... held that a classification of exempt positions ( Schedule A ) made by the mayor of a city , presumably in the conscientious discharge of his duty , under the statute directing him to make such classification , until judicially de ...
... held that a classification of exempt positions ( Schedule A ) made by the mayor of a city , presumably in the conscientious discharge of his duty , under the statute directing him to make such classification , until judicially de ...
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Common terms and phrases
affidavit affirmed agreement alleged amended amount answer appellant to abide Appellate Division Appellate Term application appointment attorney Atwater & Co authority BISCHOFF borough of Manhattan cause of action chap charge Chautauqua County City Court Civil Procedure claim Code of Civil commissioners complaint contract counsel court of equity covenant damages December defendant defendant's demurrer denied election entitled evidence execution executor fact favor fendant filed final judgment FREEDMAN GILDERSLEEVE granted held injury interlocutory judgment interpleader issue John jurisdiction jury justice lease liable Matter ment Misc mortgage motion Municipal Court negligence November owner paid parties payment person plaintiff pleading premises proceedings proof provisions question railroad reason recover referee refusal rendered Rensselaer County respondent Richard Irvin rule Saratoga County statute street Supreme Court Surrogate's Court tenant testator thereof tion trial ordered Trust Company verdict York Special Term
Popular passages
Page 447 - For Mr. Whistler's own sake, no less than for the protection of the purchaser, Sir Coutts Lindsay ought not to have admitted works into the gallery in which the ill-educated conceit of the artist so nearly approached the aspect of wilful imposture. I have seen, and heard, much of Cockney impudence before now ; but never expected to hear a coxcomb ask two hundred guineas for flinging a pot of paint in the public's face.
Page 207 - For the purpose of voting, no person shall be deemed to have gained or lost a residence by reason of his presence or absence while employed in the service of the United States ; nor while engaged in the navigation of the waters of this State or of the United States, or of the high seas ; nor while a student of any seminary of learning, nor while kept at any almshouse or other asylum at public expense ; nor while confined in any public prison.
Page 149 - Every negotiable instrument is deemed prima facie to have been issued for a valuable consideration ; and every person whose signature appears thereon to have become a party thereto for value.
Page 502 - A discharge in bankruptcy shall release a bankrupt from all of his provable debts, except such as (1) are due as a tax levied by the United States, the State, county, district, or municipality in which he resides; (2) are liabilities for obtaining property by false pretenses or false representations, or for willful and malicious injuries to the person or property of another...
Page 51 - No person shall be appointed or employed under any title not appropriate to the duties to be performed, and no person shall be transferred to, or assigned to perform the duties of, any position subject to competitive examination, unless he...
Page 13 - If, upon the hearing, it shall appear to the court that testimony is necessary for the proper disposition of the matter, it may take evidence or appoint a referee to take such evidence as it may direct and report the same to the court with his findings of fact and conclusions of law, which shall constitute a part of the proceedings upon which the determination of the court shall be made.
Page 571 - It is not that, in any case, negligence can be assumed from the mere fact of an accident and an injury ; but, in these cases, the surrounding circumstances which are necessarily brought into view by showing how the accident occurred contain, without further proof, sufficient evidence of the defendant's duty and of his neglect to perform it.
Page 202 - If irrelevant or redundant matter be inserted in a pleading, it may be stricken out, on motion of any person aggrieved thereby. And when the allegations of a pleading are so indefinite or uncertain that the precise nature of the charge or defence is not apparent, the court may require the pleading to be made definite and certain, by amendment.
Page 349 - A cause of action, arising out of the contract or transaction set forth in the complaint as the foundation of the plaintiff's claim, or connected with the subject of the action.
Page 249 - When the duration of any office, is not provided by this Constitution, it may be declared by law, and if not so declared, such office shall be held, during the pleasure of the authority making the appointment.