The Miscellaneous Reports: Cases Decided in the Inferior Courts of Record of the State of New York, Volume 32James B. Lyon, 1900 - Law reports, digests, etc "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) |
From inside the book
Results 1-5 of 100
Page 5
... try and determine an issue of fact or of law . ” Section 1018 of the Code of Civil
Procedure above referred to relates to the powers of a referee upon the trial of an
issue before him . Under the powers conferred by this section the referee takes ...
... try and determine an issue of fact or of law . ” Section 1018 of the Code of Civil
Procedure above referred to relates to the powers of a referee upon the trial of an
issue before him . Under the powers conferred by this section the referee takes ...
Page 6
For the same reason it would not run against a referee appointed to hear and
determine an issue , for with reference to such trial the referee constitutes and
stands in the place of the court appointing him . Neither will it run against this
referee ...
For the same reason it would not run against a referee appointed to hear and
determine an issue , for with reference to such trial the referee constitutes and
stands in the place of the court appointing him . Neither will it run against this
referee ...
Page 8
But notwithstanding the law says that he shall grant the order , I think he is still
charged with the duty of exercising a judicial discretion in determining whether
he should grant it or not in the specific case . The language means no more than
if ...
But notwithstanding the law says that he shall grant the order , I think he is still
charged with the duty of exercising a judicial discretion in determining whether
he should grant it or not in the specific case . The language means no more than
if ...
Page 10
Section 4 , provides that whenever the Attorney - General has determined to
commence an action under this chapter , he may present to any justice of the
Supreme Court before beginning such action an application in writing for an
order ...
Section 4 , provides that whenever the Attorney - General has determined to
commence an action under this chapter , he may present to any justice of the
Supreme Court before beginning such action an application in writing for an
order ...
Page 23
... therefore , following the last opinion of the Appellate Division , the question to
be determined from the evidence adduced on this trial is simply this : IIas the
defendant succeeded in establishing Mrs. Merritt's lunacy within the rule of
Aldrich v .
... therefore , following the last opinion of the Appellate Division , the question to
be determined from the evidence adduced on this trial is simply this : IIas the
defendant succeeded in establishing Mrs. Merritt's lunacy within the rule of
Aldrich v .
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Popular passages
Page 445 - Private roads may be opened in the manner to be prescribed by law; but In every case the necessity of the road and the amount of all damage to be sustained by the opening thereof shall be first determined by a jury of freeholders...
Page 588 - Spanish subjects, natives of the peninsula, residing in the territory over which Spain by the present treaty relinquishes or cedes her sovereignty, may remain in such territory or may remove therefrom, retaining in either event all their rights of property, including the right to sell or dispose of such property or of its proceeds, and they shall also have the right to carry on their industry, commerce, and prol'essions, being subject in respect thereof to such laws as are applicable to other foreigners.
Page 521 - First, those granted in express words; second, those necessarily or fairly implied in or incident to the powers expressly granted; third, those essential to the accomplishment of the declared objects and purposes of the corporation — not simply convenient, but indispensable.
Page 73 - The relief granted to the plaintiff, if there be no answer, cannot exceed that which he shall have demanded in his complaint; but in any other case, the court may grant him any relief consistent with the case made by the complaint and embraced within the issue.
Page 590 - That the Constitution of the United States — the supreme law of the land...
Page 796 - Spain the sum of twenty millions of dollars, and that the civil rights and political status of the native inhabitants of the territories thus ceded to the United States should be determined by the Congress.
Page 626 - And every person making such declaration shall be permitted to vote on all questions proposed at such...
Page 589 - And where a suit is now pending, or may be hereafter brought in any state court in which there is a controversy between a citizen of the state in which the suit is brought, and a citizen of another state...
Page 589 - The civil rights and political status of the native inhabitants of the territories hereby ceded to the United States shall be determined by the Congress.
Page 561 - Every contract for the leasing for a longer period than one year, .or for the sale of any lands or any interest in lands, shall be void, unless the contract, or some note or memorandum thereof, expressing the consideration, be in writing, and be subscribed by the party by whom the lease or sale is to be made.