Reports of Cases Heard and Determined in the Appellate Division of the Supreme Court of the State of New York, Volume 175 |
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Page lxviii
... CIVIL PROCEDURE CITED . PAGE . PAGE . Code C. P. generally .. 414 , 616 , 922 Code C. P. § 1346 . chap . 9 , tit . 3 , art . 1 .. 57 140 923 § 1391 . 854 , 855 $ 1500 ... 160 58 § 1628 . 940 § 231 ..... 909 ... CODE CIV . PROC . CITED .
... CIVIL PROCEDURE CITED . PAGE . PAGE . Code C. P. generally .. 414 , 616 , 922 Code C. P. § 1346 . chap . 9 , tit . 3 , art . 1 .. 57 140 923 § 1391 . 854 , 855 $ 1500 ... 160 58 § 1628 . 940 § 231 ..... 909 ... CODE CIV . PROC . CITED .
Page 18
... Code of Civil Procedure to review all questions of fact and of law . Under such circumstances the Appellate Division cannot consider ques- tions as to the credibility of the witnesses or the weight of the evidence , but can only reverse ...
... Code of Civil Procedure to review all questions of fact and of law . Under such circumstances the Appellate Division cannot consider ques- tions as to the credibility of the witnesses or the weight of the evidence , but can only reverse ...
Page 20
... Code of Civil Procedure as giving to this court power to review all questions of fact and of law . This , however , was not a trial of the case without a jury , but the trial of the case by a jury in which a verdict had been directed ...
... Code of Civil Procedure as giving to this court power to review all questions of fact and of law . This , however , was not a trial of the case without a jury , but the trial of the case by a jury in which a verdict had been directed ...
Page 56
... Code of Civil Procedure with respect to examinations before trial are now applicable to the Surro- gate's Court ( which question is not here decided ) , in any event said pro- visions would not authorize a physical examination of a ...
... Code of Civil Procedure with respect to examinations before trial are now applicable to the Surro- gate's Court ( which question is not here decided ) , in any event said pro- visions would not authorize a physical examination of a ...
Page 57
... Code of Civil Procedure . One of the questions sought to be presented for decision is whether the provisions of chapter 9 , title 3 , article 1 , of the Code of Civil Procedure , with respect to examinations before trial are rendered ...
... Code of Civil Procedure . One of the questions sought to be presented for decision is whether the provisions of chapter 9 , title 3 , article 1 , of the Code of Civil Procedure , with respect to examinations before trial are rendered ...
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accident affd affirmed agreement alleged amount Appellate Division attorney Attorney at law avenue award Bank bond cause of action chap charge City Civil Procedure claim claimant clerk Code of Civil commissioners compensation complaint concurred contract costs and disbursements counsel damages decedent December defendant defendant's denied deposit dollars costs duty employee entered entitled evidence ex rel executor fact fire apparatus Fossume held injuries interest judgment and order jury lake lease letter letters testamentary liability loan Matter ment motion negligence notice November November 15 opinion owner paid party payment person plaintiff premises proceedings purchaser question received recover referee replevin respondent reversed Schenectady county Second Department Special Term statute Statute of Frauds street Supreme Court surety Surrogate's Court testator testified testimony thereof Third Department tion trust verdict Williamsbridge witness York Central
Popular passages
Page 332 - It is equally unprofessional to procure business by indirection through touters of any kind, whether allied real estate firms or trust companies advertising to secure the drawing of deeds or wills or offering retainers in exchange for executorships or trusteeships to be influenced by the lawyer.
Page 217 - April, one thousand seven hundred and seventy-seven, which have not since expired, or been repealed or altered ; and such acts of the Legislature of this State as are now in force, shall be and continue the law of this State, subject to such alterations as the Legislature shall make concerning the same. But all such parts of the common law, and such of the said acts, or parts thereof, as are repugnant to this Constitution, are hereby abrogated...
Page 75 - To indemnify the assured against loss from the liability imposed by law upon the assured for damages, on account of bodily injuries...
Page 953 - The true test of the interest of a witness is, that he will either gain or lose by the direct legal operation and effect of the judgment, or that the record will be legal evidence for or against him in some other action.
Page 45 - Whenever any person indebted to the United States is insolvent, or whenever the estate of any deceased debtor, in the hands of the executors or administrators, is insufficient to pay all the debts due from the deceased, the debts due to the t'nlted States shall be first satisfied; and the priority hereby established shall extend as well to cases in -which a.
Page 333 - Indirect advertisements for professional employment such as furnishing or inspiring newspaper comments, or procuring his photograph to be published in connection with causes in which the lawyer has been or is engaged or concerning the manner of their conduct, the magnitude of the interest involved, the importance of the lawyer's position, and all other like self-laudation, offend the traditions and lower the tone of our profession and are reprehensible; but the customary use of simple professional...
Page 222 - This chapter shall be known as the "workmen's compensation law." §•2. Application. — Compensation provided for in this chapter shall be payable for injuries sustained or death incurred by employees engaged in the following hazardous employments:* Group 1.
Page 74 - J. This is an action on a policy of insurance issued by the defendant to the plaintiff on the 9th day of October, 1912, whereby, in consideration of the annual premiums, the defendant insured him against accidents upon and adjacent to his apartment house known as the "Chatsworth Apartments," extending from SeventySecond street opposite Riverside Drive to Seventy-First street, for the period of three years.
Page 577 - The distinction is very clear, where mutual covenants go to the whole of the consideration on both sides, they are mutual conditions, the one precedent to the other. But where they go only to a part, where a breach may be paid for in damages, there the defendant has a remedy on his covenant, and shall not plead it as a condition precedent.
Page 60 - Who, on proof is found by the surrogate to be incompetent to execute the duties of such trust by reason of drunkenness, dishonesty, improvidence or want of understanding.