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, 71. köideNew 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, 1911 "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 26
... parties defendant . 3. That the complaint does not state facts sufficient to con- stitute a cause of action . The first ground of defendant's demurrer , which goes to the jurisdiction of the court , is based upon the theory that this ...
... parties defendant . 3. That the complaint does not state facts sufficient to con- stitute a cause of action . The first ground of defendant's demurrer , which goes to the jurisdiction of the court , is based upon the theory that this ...
Page 45
... parties hereto , null and void on the ground that when the marriage was solemnized between the Posts " the defendant ( wife ) was still married . The general rule is that the law of the matrimonial domicile of the parties governs in ...
... parties hereto , null and void on the ground that when the marriage was solemnized between the Posts " the defendant ( wife ) was still married . The general rule is that the law of the matrimonial domicile of the parties governs in ...
Page 46
... parties to the action , then the judgment rendered is void and not entitled to recog- nition or enforcement in the courts of this State . Where it appears that the courts of a sister State had such jurisdiction then the courts of this ...
... parties to the action , then the judgment rendered is void and not entitled to recog- nition or enforcement in the courts of this State . Where it appears that the courts of a sister State had such jurisdiction then the courts of this ...
Page 48
... parties . The decree of annulment of the marriage of the defendant to Holliday , based upon the alleged invalidity of the Texas divorce , is urged by the plaintiff as res adjudicata as to the status of the defendant as the wife of ...
... parties . The decree of annulment of the marriage of the defendant to Holliday , based upon the alleged invalidity of the Texas divorce , is urged by the plaintiff as res adjudicata as to the status of the defendant as the wife of ...
Page 51
... parties hereto became seized of the property in question was made on July 1 , 1892. The par- ties were " Ellen Connelly of the city of Brooklyn , county of Kings and State of New York , party of the first part , and Henry J. Lerbs of ...
... parties hereto became seized of the property in question was made on July 1 , 1892. The par- ties were " Ellen Connelly of the city of Brooklyn , county of Kings and State of New York , party of the first part , and Henry J. Lerbs of ...
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Common terms and phrases
agreement alleged amended amount appears Appellate Term application April assessment attorney BIJUR bonds cause of action charge Charles Klinzner Chemung County City Court Civil Procedure claim Code of Civil commissioners complaint constitute contract corporation costs counsel County Court court of equity damages deceased deed defendant defendant's demurrer dismissed dollars duty entitled evidence ex rel execution executors fact February fendant fund grand jury granted held indictment issue judgment judgment debtor jurisdiction justice Kings County land lien March Marrin Matter ment Misc Morrissey motion Nassau County negligence Oneida County Oswego county owner paid parties payment performance person plaintiff pleadings premises proceeding proof provisions purpose question reason recover respondent rule Special Term statute supra Supreme Court Surrogate's Court testator testimony thereof tion trial trust Valentine violation witness York County
Popular passages
Page 415 - 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...
Page 234 - ... conclusive evidence that the sale and all proceedings prior thereto, from and including the assessment of the land and all notices required by law to be given previous to the expiration of the two years allowed by law to redeem, were regular and were regularly given, published and served according to the provisions of this act, and all laws directing or requiring the same, or in any manner relating thereto...
Page 525 - A steam vessel hearing, apparently forward of her beam, the fog signal of a vessel, the position of which is not ascertained shall, so far as the circumstances of the case admit, stop her engines, and then navigate with caution until danger of collision is over.
Page 75 - JSfo person shall operate a motor vehicle on a public highway at a rate of speed greater than is reasonable and proper, having regard to the traffic and use of the highway, or so as to endanger the life or limb of any person...
Page 218 - Where the whole capital of a Corporation shall not have been paid in, and the capital paid shall be insufficient to satisfy the claims of its creditors, each stockholder shall be bound to pay, on each share held by him, the sum necessary to complete the amount of such share, as fixed by the Charter of the Company, or such proportion of that sum as shall be required to satisfy the debts of the Company.
Page 175 - Each contract to which the state or a municipal corporation or a commission appointed pursuant to law is a party which may involve the employment of laborers, workmen, or mechanics shall contain a stipulation that no laborer, workman or mechanic in the employ of the contractor...
Page 141 - The question always is, was there an unbroken connection between the wrongful act and the injury, — a continuous operation? Did the facts constitute a continuous succession of events, so linked together as to make a natural whole, or was there some new and independent cause intervening between the wrong and the injury?
Page 349 - Westlake, as such administrator, filed a bill in equity in the United States Circuit Court for the Eastern District of Pennsylvania...
Page 72 - Defendant demurred to the indictment on the ground " that the facts stated in the indictment do not constitute a crime.
Page 256 - ... 3. Where the cause of action arose within the state, except where the object of the action is to affect the title to real property situated without the state.