Reports of Cases Heard and Determined in the Appellate Division of the Supreme Court of the State of New York, 144. köide |
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Page 37
... lien — pleading failure to state suit for foreclosure recovery at law for work , labor and services — right to jury trial . Where a complaint in a suit to foreclose a mechanic's lien is insufficient because of a failure to allege that ...
... lien — pleading failure to state suit for foreclosure recovery at law for work , labor and services — right to jury trial . Where a complaint in a suit to foreclose a mechanic's lien is insufficient because of a failure to allege that ...
Page 38
... lien and contains allegations of the ownership by defendants Klar of certain premises on First street near Avenue A in the city of New York ; of the making of an agreement by them with plaintiff whereby the latter was to perform certain ...
... lien and contains allegations of the ownership by defendants Klar of certain premises on First street near Avenue A in the city of New York ; of the making of an agreement by them with plaintiff whereby the latter was to perform certain ...
Page 40
... lien ; that no cause of action of any kind had been established , and that defendants were entitled to a jury trial . These motions were denied . Defendants ' proof was directed towards establishing that plaintiff had secured the ...
... lien ; that no cause of action of any kind had been established , and that defendants were entitled to a jury trial . These motions were denied . Defendants ' proof was directed towards establishing that plaintiff had secured the ...
Page 41
... lien by plaintiff , of which no proof was offered on the trial , although it was put in issue by the answer ; the making of the agreement of compromise ; the performance thereof by plaintiff , and a balance due thereon to him by ...
... lien by plaintiff , of which no proof was offered on the trial , although it was put in issue by the answer ; the making of the agreement of compromise ; the performance thereof by plaintiff , and a balance due thereon to him by ...
Page 42
... lien , but the proof failed to establish the filing of such a lien , and neither the decision nor the judgment was based upon the theory that it was such an action . On the contrary , both proceeded upon the basis that the action had ...
... lien , but the proof failed to establish the filing of such a lien , and neither the decision nor the judgment was based upon the theory that it was such an action . On the contrary , both proceeded upon the basis that the action had ...
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Common terms and phrases
abide the event agreement alleged amount Appellant appointed April April 21 assignment award bonds Brooklyn Burr cause of action chap Civil Procedure claim clerk Code of Civil commissioners Company complaint concurred contract corporation costs and disbursements creditors damages deceased defendant defendant's demurrer dismissed dissented dollars costs election entitled evidence ex rel executors fact Hirschberg Impleaded INGRAHAM interest issue Jenks Judgment affirmed Judgment and order jury Kings County land lease liable lien Matter MCLAUGHLIN ment mortgage Municipal Court opinion Order affirmed order appealed owner paid parties payment person plaintiff pleadings premises proceedings question Railroad real property received recover rent Respondent Second Department statute Supreme Court ten dollars costs Term and entered testator testified thereof Third Avenue Railroad Third Department Thomas tion trust Woodward and Rich York ex rel York Special Term
Popular passages
Page 208 - ... All city, town and village officers, whose election or appointment is not provided for by this Constitution, shall be elected by the electors of such cities, towns and villages, or of some division thereof, or appointed by such authorities thereof, as the Legislature shall designate for that purpose.
Page 318 - No county, city, town or village shall hereafter give any money or property, or loan its money or credit to or in aid of any individual, association or corporation, or become directly or indirectly the owner of stock in, or bonds of, any association or corporation; nor shall any such county, city, town or village be allowed to incur any indebtedness except for county, city, town or village purposes.
Page 712 - ... together with all and singular, the tenements, hereditaments, and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof; and also all the estate, right, title, interest, property, possession, claim, and demand whatsoever, as well in law as in equity, of the said party of the first part, of, in, or to the above described premises, and every part and parcel thereof, with the appurtenances.
Page 796 - But no law shall ^ -authorize the construction or operation of a street railroad except upon the condition that the consent of the owners of one-half in value of the property bounded on, and the consent also of the local authorities having the control of, that portion of a street or highway upon which it is proposed to construct or operate such railroad be first obtained...
Page 642 - Territories and any foreign nation or nations, shall be liable in damages to any person suffering injury while he is employed by such carrier in such commerce...
Page 244 - ... when during the litigation it appears that the defendant is doing or threatens or is about to do, or is procuring or suffering to be done, some act in violation of the plaintiff's rights respecting the subject of the action, and tending to render the judgment ineffectual, a temporary injunction may be granted to restrain such act.
Page 465 - Legislature may prescribe ; 154 and any court before which a cause may be pending involving an apportionment, shall give precedence thereto over all other causes and proceedings, and if said court be not in session it shall convene promptly for the disposition of the same.
Page 226 - ... after the time of filing in the comptroller's office of the evidence of the service of...
Page 84 - Commission an order, authorizing such issue and the amount thereof, and stating that in the opinion of the Commission, the use of the capital to be secured by the issue of such stock, bonds, notes or other evidence of indebtedness is reasonably required for the said purposes of the corporation.
Page 642 - Act to recover damages for personal injuries to an employee, or where such injuries have resulted in his death, the fact that the employee may have been guilty of contributory negligence shall not bar a recovery, but the damages shall be diminished by the jury in proportion to the amount of negligence attributable to such employee...