Reports of Cases Heard and Determined in the Appellate Division of the Supreme Court of the State of New York, 138±Ç |
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2 ÆäÀÌÁö
... question was , not as to mis- joinder of causes of action , but whether the complaint stated facts sufficient to constitute a cause of action against the defendants who demurred on that ground alone . We held there that the demurrer was ...
... question was , not as to mis- joinder of causes of action , but whether the complaint stated facts sufficient to constitute a cause of action against the defendants who demurred on that ground alone . We held there that the demurrer was ...
5 ÆäÀÌÁö
... question now before us , for section 484 of the Code allows a joinder of causes of action , under certain circumstances , whether they be legal or equitable . It is insisted most earnestly by the able counsel for the appellant that this ...
... question now before us , for section 484 of the Code allows a joinder of causes of action , under certain circumstances , whether they be legal or equitable . It is insisted most earnestly by the able counsel for the appellant that this ...
7 ÆäÀÌÁö
... question here involved is not so simple . The real ground of the demurrer is that there is a misjoinder of causes of action because the two alleged causes of action do not affect all the parties to the action . That is , as the ...
... question here involved is not so simple . The real ground of the demurrer is that there is a misjoinder of causes of action because the two alleged causes of action do not affect all the parties to the action . That is , as the ...
8 ÆäÀÌÁö
... question , applied , however , to different facts , reference may be had to the opinion of Mr. Justice JENKS in Rogers v . Wheeler ( 89 App . Div . 435 ) . It is urged , however , that if the defendant the City of New York should by its ...
... question , applied , however , to different facts , reference may be had to the opinion of Mr. Justice JENKS in Rogers v . Wheeler ( 89 App . Div . 435 ) . It is urged , however , that if the defendant the City of New York should by its ...
13 ÆäÀÌÁö
... question , on the proof in this case , that the person who sold these medicines was not a licensed pharmacist . There is evidence of an express admission of that fact by the defend- ant himself to one of the plaintiff's witnesses , in ...
... question , on the proof in this case , that the person who sold these medicines was not a licensed pharmacist . There is evidence of an express admission of that fact by the defend- ant himself to one of the plaintiff's witnesses , in ...
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affd affidavits affirmed agreement alleged amended appellant to abide application April attorney authority Bank bill cause of action chap charge Civil Procedure claim clerk Code of Civil Commission commissioners complaint concurred contract corporation costs and disbursements counsel Court in favor damages deceased defendant defendant's demurrer denied dissented dollars costs entitled evidence ex rel executors fact Fourth Department fraud grade crossing indorsed INGRAHAM issue Judgment and order jury Kings County land Laws lease liability lien Matter ment misjoinder mortgage motion negligence notice old firm owner paid parties payment person plaintiff pleading proceedings purchase question railroad real property received recover residuary estate respondent rule Schwartz & Gross sealed verdict Second Department Special Term statute street Supreme Court Surrogate's Court testator thereof Third Department tion town trial granted trust verdict York
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515 ÆäÀÌÁö - ... the title of the bankrupt, as of the date he was adjudged a bankrupt ... to all ... (5) property which prior to the filing of the petition he could by any means have transferred or which might have been levied upon and sold under judicial process against him...
678 ÆäÀÌÁö - The records and judicial proceedings of the courts of any State or Territory, or of any such country, shall be proved or admitted in any other court within the United States, by the attestation of the clerk, and the seal of the court annexed, if there be a seal, together with a certificate of the judge, chief justice, or presiding magistrate, that the said attestation is in due form.
602 ÆäÀÌÁö - A gas corporation or electrical corporation organized or existing, or hereafter incorporated, under or by virtue of the laws of the state of New York, may issue stocks, bonds, notes or other evidence of indebtedness payable at periods of more than twelve months after the date thereof...
15 ÆäÀÌÁö - ... 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.
787 ÆäÀÌÁö - The court may, in any case, direct a bill of the particulars of the claim of either party to be delivered to the adverse party.
567 ÆäÀÌÁö - This section is to be construed liberally to secure the beneficial interests and purposes thereof. A substantial compliance with its several provisions shall be sufficient for the validity of a lien and to give jurisdiction to the courts to enforce the same.
531 ÆäÀÌÁö - In short, it appears to me, that the proper course in all these cases, is to search out and follow the true intent of the legislature, and to adopt that sense of the words which harmonizes best with the context, and promotes in the fullest manner, the apparent policy and objects of the legislature.
555 ÆäÀÌÁö - ... a question of fact for the jury, and not of law for the court.
73 ÆäÀÌÁö - Whenever, however, the relations between the contracting parties appear to be of such a character as to render it certain that they do not deal on terms of equality, but that either on the one side from superior knowledge of the matter derived from a fiduciary relation, or from overmastering influence, or on the other from weakness, dependence, or trust justifiably reposed, unfair advantage in a transaction is rendered probable, there the burden is shifted, the transaction is presumed void...
381 ÆäÀÌÁö - A blue flag by day and a blue light by night, displayed at one or both ends of an engine, car, or train, indicates that workmen are under or about it. When thus protected it must not be coupled to or moved.