The New York Supplement, Volume 181West Publishing Company, 1920 - Law reports, digests, etc "Cases argued and determined in the Court of Appeals, Supreme and lower courts of record of New York State, with key number annotations." (varies) |
From inside the book
Results 1-5 of 100
Page 5
... trial judge examined the evidence , made findings , and granted judg- ment as aforesaid . Upon the trial all of the defenses set up by the defendant in its answer were eliminated , save two , viz .: That the insured gave false answers ...
... trial judge examined the evidence , made findings , and granted judg- ment as aforesaid . Upon the trial all of the defenses set up by the defendant in its answer were eliminated , save two , viz .: That the insured gave false answers ...
Page 11
... trial no question was made , but that the adoption proceed- ings were legal and effective ; but the sole question was as to the ef- fect of the adoption statute as applied to the situation . The case was submitted to the trial Justice ...
... trial no question was made , but that the adoption proceed- ings were legal and effective ; but the sole question was as to the ef- fect of the adoption statute as applied to the situation . The case was submitted to the trial Justice ...
Page 13
... trial have properly excluded the plaintiffs from proving said imbecility , and from thereupon claiming that because ... Trial Term should , upon plaintiffs ' motion , even though so lately made , have reopened the trial and permitted the ...
... trial have properly excluded the plaintiffs from proving said imbecility , and from thereupon claiming that because ... Trial Term should , upon plaintiffs ' motion , even though so lately made , have reopened the trial and permitted the ...
Page 14
trial and permitted the parties to litigate the question of the validity of the adoption . The practical question is : How shall we proceed to correct the mis- take of the trial court ? I think that we may properly accomplish that ...
trial and permitted the parties to litigate the question of the validity of the adoption . The practical question is : How shall we proceed to correct the mis- take of the trial court ? I think that we may properly accomplish that ...
Page 19
... trial ordered . Argued February term , 1920 , before LEHMAN , MULLAN , and FINCH , JJ . Julius Kuschner , of New ... trial . The judgment is therefore reversed , and a new trial ordered , with $ 30 costs to the appellant to abide the ...
... trial ordered . Argued February term , 1920 , before LEHMAN , MULLAN , and FINCH , JJ . Julius Kuschner , of New ... trial . The judgment is therefore reversed , and a new trial ordered , with $ 30 costs to the appellant to abide the ...
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Common terms and phrases
227 N. Y. memoranda affirmed 126 N. E. agreement alleged amended amount appeal Appellate Division Appellate Term application attorney authority BIJUR Brooklyn cause of action certificate charge claim claimant commission Company complaint concur contract corporation costs counsel damages death decedent defendant defendant's denied Digests & Indexes dismissed employés entitled Estate Law evidence ex rel executors fact granted held Indexes 181 intention issue judgment jurisdiction jury Key-Numbered Digests landlord Law Consol lease liable Matter ment Minetto Misc mortgage motion Municipal Court N. Y. Supp negligence Oswego river owner paid parties payment person plaintiff premises proceeding purchase question railroad received respondent reversed Shepard & Co Special Term statute street subscription supra Supreme Court Surrogate's Court tenant testator thereof tion topic & KEY-NUMBER trial trust wife York City York County
Popular passages
Page 621 - The court may determine any controversy between parties before it, when it can be done without prejudice to the rights of others, or by saving their rights ; but when a complete determination of the controversy cannot be had without the presence of other parties, the court must order them to be brought in.
Page 64 - When the convenience of witnesses and the ends of justice would be promoted by the change.
Page 142 - Upon his own initiative, or upon the application of any party in interest, on the ground...
Page 63 - An action, for either of the following causes, must be tried in the county, where the cause of action, or some part thereof, arose : 1. To recover a penalty or forfeiture, imposed by statute ; except that, where the offence, for which it'is imposed, was committed on a lake, river, or other stream of water, situated in two or more counties, the action may be tried in...
Page 274 - ... when the party by his own contract creates a duty or charge upon himself, he is bound to make it good, if he may, notwithstanding any accident by inevitable necessity, because he might have provided against it by his contract.
Page 480 - In making an investigation or inquiry or conducting a hearing the deputy commissioner shall not be bound by common law or statutory rules of evidence or by technical or formal rules of procedure, except as provided by this chapter; but may make such investigation or inquiry or conduct such hearing in such manner as to best ascertain the rights of the parties.
Page 405 - Future estates are either vested or contingent. They are vested, when there is a person in being, who would have an immediate right to the possession of the lands, upon the ceasing of the intermediate or precedent estate.
Page 53 - As these conditions cannot be performed by a corporation, it follows that the practice of law is not a lawful business for a corporation to engage in. As it cannot practice law directly, it cannot indirectly by employing competent lawyers to practice for it, as that would be an evasion which the law will not tolerate.
Page 141 - personal injury" mean only accidental injuries arising out of and in the course of employment and such disease or infection as may naturally and unavoidably result therefrom.
Page 549 - ... confession of a defendant, whether in the course of judicial proceedings or to a private person, can be given in evidence against him, unless made under the influence of fear produced by threats, or unless made upon a stipulation of the district attorney, that he shall not be prosecuted therefor; but is not sufficient to warrant his conviction, without additional proof that the crime charged has been committed.