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 34
... judgment - What persons should not be made parties under a claim that they are interested as remaindermen in an estate - Questions involved in the construction of a will , though not presented by the pleadings , are to be deemed to have ...
... judgment - What persons should not be made parties under a claim that they are interested as remaindermen in an estate - Questions involved in the construction of a will , though not presented by the pleadings , are to be deemed to have ...
Page 35
... judgment upon the report of a referee made pursuant to the provisions of an interlocutory judgment which directed an accounting . Thos . J. Falls , for plaintiff . Barclay E. V. McCarty , for defendants Melinda P. Schmidt and others ...
... judgment upon the report of a referee made pursuant to the provisions of an interlocutory judgment which directed an accounting . Thos . J. Falls , for plaintiff . Barclay E. V. McCarty , for defendants Melinda P. Schmidt and others ...
Page 36
... judgment permitted has persuaded me that the status toward this litigation of the persons claimed to have been omitted , as necessary parties , without whose presence as such a complete determination of the controversy cannot be had ...
... judgment permitted has persuaded me that the status toward this litigation of the persons claimed to have been omitted , as necessary parties , without whose presence as such a complete determination of the controversy cannot be had ...
Page 37
... judgment upon the referee's report upon the accounting had under the interlocutory judgment hereinbefore entered ; and , though the defendants , by their omission to raise the ques- tion of a defect of parties by answer or demurrer ...
... judgment upon the referee's report upon the accounting had under the interlocutory judgment hereinbefore entered ; and , though the defendants , by their omission to raise the ques- tion of a defect of parties by answer or demurrer ...
Page 38
... judgment made by those who are parties . However in either case the inquiry should be the same , and we are thus ... judgment in that action did undertake to construe it , the court exceeded its authority , and the judgment did not ...
... judgment made by those who are parties . However in either case the inquiry should be the same , and we are thus ... judgment in that action did undertake to construe it , the court exceeded its authority , and the judgment did not ...
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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.