The New York Supplement, Volume 146West Publishing Company, 1914 "Cases argued and determined in the Court of Appeals, Supreme and lower courts of record of New York State, with key number annotations." (varies) |
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Results 1-5 of 100
Page 45
... APPEAL . Under Code Civ . Proc . § 2122 , providing that certiorari shall not issue where there is an adequate remedy by appeal , and section 1356 , author- izing appeals from any order affecting a substantial right made in a spe- cial ...
... APPEAL . Under Code Civ . Proc . § 2122 , providing that certiorari shall not issue where there is an adequate remedy by appeal , and section 1356 , author- izing appeals from any order affecting a substantial right made in a spe- cial ...
Page 48
... appeal , because it is not a civil but a criminal special proceeding . It cannot be the latter , for the Code of Criminal Procedure does not recognize or provide for it . That describes what are called ' special proceedings of a ...
... appeal , because it is not a civil but a criminal special proceeding . It cannot be the latter , for the Code of Criminal Procedure does not recognize or provide for it . That describes what are called ' special proceedings of a ...
Page 49
... appeal . Let us now consider the statutory provisions relative to an appeal in a civil special proceeding . " An appeal may be taken , to the Appellate Division of the Supreme Court , from an order , affecting a substantial right , made ...
... appeal . Let us now consider the statutory provisions relative to an appeal in a civil special proceeding . " An appeal may be taken , to the Appellate Division of the Supreme Court , from an order , affecting a substantial right , made ...
Page 50
... appeal . In Boon v . McGucken , 67 Hun , 251 , 22 N. Y. Supp . 424 , the order of the Special Term was reversed because the facts proven did not constitute criminal con- tempt ; but the review of such order was by appeal and not by ...
... appeal . In Boon v . McGucken , 67 Hun , 251 , 22 N. Y. Supp . 424 , the order of the Special Term was reversed because the facts proven did not constitute criminal con- tempt ; but the review of such order was by appeal and not by ...
Page 57
... APPEAL AND ERROR ( § 569 * ) — SETTLING CASE ON APPEAL . Code Civ . Proc . § 25 , provides that after a judge is out of office he may settle a case in an action tried before him while he was in office , and may be compelled to do so by ...
... APPEAL AND ERROR ( § 569 * ) — SETTLING CASE ON APPEAL . Code Civ . Proc . § 25 , provides that after a judge is out of office he may settle a case in an action tried before him while he was in office , and may be compelled to do so by ...
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Common terms and phrases
Accord and Satisfaction affirmed agreement alleged amount Appellate Division Argued before INGRAHAM assessment attorney authority bank building cause of action Cent certificate charge claim cofferdam commissioner complaint concur contract conveyance corporation costs counsel covenant damages deed defendant defendant's denied Digs dismissed easements entitled evidence ex rel executors fact fendant granted held Henry H indorsement interest issue judgment jury justice land lease liability lien malicious prosecution ment mortgage motion Municipal N. Y. Supp negligence Note Note.-For NUMBER in Dec owner paid parties payment person plaintiff pleadings premises proceeding purchase question railroad reason received recover Rep'r Indexes respondent reversed Special Term statute street supra Supreme Court surety testator testified testimony thereof tiff tion topic tracks Trial Term trust verdict Westchester creek witness York City York County
Popular passages
Page 325 - That if any common carrier subject to the provisions of this act shall, directly or indirectly, by any special rate, rebate, drawback, or other device, charge, demand, collect, or receive from any person or persons a greater or less compensation for any service rendered, or to be rendered, in the transportation of passengers or property, subject to the provisions of this...
Page 632 - ... shall not be invalidated by any act or neglect of the mortgagor or owner of the within described property, nor by any foreclosure or other proceedings or notice of sale relating to the property, nor by any change in the title or ownership of the property...
Page 492 - The lands of the State, now owned or hereafter acquired, constituting the forest preserve as now fixed by law, shall be forever kept as wild forest lands. They shall not be leased, sold or exchanged, or be taken by any corporation, public or private, nor shall the timber thereon be sold, removed or destroyed.
Page 326 - ... nor shall any carrier charge or demand or collect or receive a greater or less or different compensation for such transportation of passengers or property, or for any service in connection therewith, between the points named in such tariffs than the rates, fares, and charges which are specified in the tariff filed and in effect at the time...
Page 327 - railroad," as used in this act, shall include all bridges and ferries used or operated in connection with any railroad, and also all the road in use by any corporation operating a railroad, whether owned or operated under a contract, agreement or lease...
Page 633 - ... any foreclosure or other proceedings or notice of sale relating to the property, nor by any change in the title or ownership of the property, nor by the occupation of the premises for purposes more hazardous than are permitted by this policy, provided that in case the mortgagor or owner shall neglect to pay any premium due under this policy the mortgagee (or trustee) shall, on demand, pay the same...
Page 640 - A conviction cannot be had upon the testimony of an accomplice, unless he be corroborated by such other evidence as tends to connect the defendant with the commission of the crime...
Page 327 - ... it shall be unlawful for any person,' persons, or corporation to offer, grant, or give or to| solicit, accept, or receive any rebate, concession, or discrimination in respect of the transportation of any property in interstate or foreign commerce by any common carrier...
Page 326 - The schedules printed as aforesaid by any such common carrier shall plainly state the places upon its railroad between which property and passengers will be carried...
Page 647 - ... 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.