The New York Supplement, Volumen98West Publishing Company, 1906 |
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Página 47
... motion should be granted . Appeal from Special Term , New York County . Action by Joseph Mladinich against Johnston Livingston , as presi- dent of the National Express Company . From an order denying a mo- tion to dismiss the complaint ...
... motion should be granted . Appeal from Special Term , New York County . Action by Joseph Mladinich against Johnston Livingston , as presi- dent of the National Express Company . From an order denying a mo- tion to dismiss the complaint ...
Página 48
... motion and in allowing the plain- tiff to try the case . It does not appear that the neglect of the plaintiff to bring the action to trial has not been unreasonable . If this motion had been made by the defendant before the plaintiff ...
... motion and in allowing the plain- tiff to try the case . It does not appear that the neglect of the plaintiff to bring the action to trial has not been unreasonable . If this motion had been made by the defendant before the plaintiff ...
Página 57
... Motion for Judgment — ExcEPTIONS - WAIVER . Where , after the denial of a motion for judgment on a counterclaim for want of a reply , defendant did not rest on his exception , but offered proof of the facts , be was not entitled to rely ...
... Motion for Judgment — ExcEPTIONS - WAIVER . Where , after the denial of a motion for judgment on a counterclaim for want of a reply , defendant did not rest on his exception , but offered proof of the facts , be was not entitled to rely ...
Página 62
... motion directed by an order to be paid are not paid within the time fixed , an execution may issue in the form as nearly as may be as an execution on a judgment , judgment may not be entered for costs allowed on a motion . 2. DISMISSAL ...
... motion directed by an order to be paid are not paid within the time fixed , an execution may issue in the form as nearly as may be as an execution on a judgment , judgment may not be entered for costs allowed on a motion . 2. DISMISSAL ...
Página 63
... motion granted . The judgment was unauthorized ; judgment may not be entered for costs allowed on a motion . Code Civ . Proc . § 779. Moreover , the order of discontinuance should not have been absolute , as it was . It could only ...
... motion granted . The judgment was unauthorized ; judgment may not be entered for costs allowed on a motion . Code Civ . Proc . § 779. Moreover , the order of discontinuance should not have been absolute , as it was . It could only ...
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Términos y frases comunes
132 New York abide the event affirmed agreement alleged amended amount Appeal from Special appellant to abide Appellate Division Appellate Term April April 20 Argued before O'BRIEN Argued before SCOTT attorney cause of action Cent charge claim Code Civ complaint concur contract contributory negligence corporation costs counsel deceased defendant appeals defendant's demurrer entitled evidence executors fact fendant held INGRA INGRAHAM injuries intention intestate jury justice lease liability lien Manhattan March 26 ment motion Municipal Court N. Y. Supp negligence Note.-For notice owner paid parties payment person plaintiff pleading premises proceeding proof purchase question railroad received recover respondent reversed Special Term statute street Supreme Court surrogate Surrogate's Court tenant testator testified testimony thereof tion town of Hempstead Trial Term trustees verdict witness York County York State Reporter
Pasajes populares
Página 761 - This entire policy shall be void if the insured has concealed or misrepresented, in writing or otherwise, any material fact or circumstance concerning this insurance or the subject thereof; or if the interest of the insured in the property be not truly stated herein; or in case of any fraud or false swearing by the insured touching any matter relating to this insurance or the subject thereof, whether before or after a loss.
Página 84 - No indictment is insufficient, nor can the trial, judgment, or other proceedings thereon be affected, by reason of a defect or imperfection in matter of form, which does not tend to the prejudice of the substantial rights of the defendant, upon the merits.
Página 356 - An unqualified order or promise to pay is unconditional within the meaning of this Act, though coupled with: 1. An indication of a particular fund out of which reimbursement is to be made, or a particular account to be debited with the amount; or 2. A statement of the transaction which gives rise to the instrument; but an order or promise to pay out of a particular fund is not unconditional.
Página 716 - The object was to insure that a person should not be compelled, when acting as a witness in any investigation, to give testimony which might tend to show that he himself had committed a crime. The privilege is limited to criminal matters, but it is as broad as the mischief against which it seeks to guard.
Página 356 - Where the instrument is addressed to a drawee, he must be named or otherwise indicated therein with reasonable certainty.
Página 298 - No judicial officer, except justices of the peace, shall receive to his own use any fees or perquisites of office...
Página 68 - Certainly, in the granting of injunctions, which is not a matter of right, but rests in the sound discretion of the court...
Página 574 - Company to recover damages for personal injuries alleged to have been sustained through the negligence of the defendant company in the operation of one of its street cars.
Página 339 - 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...
Página 5 - The assent of two-thirds of the members elected to each branch of the Legislature shall be requisite to every bill appropriating the public moneys or property for local or private purposes.