The Miscellaneous Reports: Cases Decided in the Inferior Courts of Record of the State of New York, Volume 26
James B. Lyon, 1899 - 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)
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action affirmed alleged allowed amended amount answer appears Appellate application appointment assessment attorney authority Bank bond brought building cause certificate charge Civil claim Code commissioners complaint consent consideration Constitution contract corporation costs counsel death defendant denied determined direct directors effect entitled evidence examination executed executors existence fact February follows fund give given granted ground held intended interest issue January judgment jurisdiction jury justice March Matter Misc mortgage motion necessary notice objection obtained owner paid party payment person plaintiff possession premises presented proceedings provisions question railroad reason received recover referred relator rule Special Term statute stockholders street sufficient Supreme Court taken Term thereof tion town transfer trial trust village York
Page 487 - In case of any other transfer of interest, the action may be continued in the name of the original party, or the court may allow the person to whom the transfer is made to be substituted in the action.
Page 546 - The court may determine any controversy between parties before it, when it can be done without prejudice to the rights of others, or by saving their rights ; but when a complete determination of the controversy cannot be had without the presence of other parties, the court must order them to be brought in.
Page 162 - ... 1. That the court has no jurisdiction of the person of the defendant, or the subject of the action ; or, 2. That the plaintiff has not legal capacity to sue ; or, 3. That there is another action pending between the same parties for the same cause ; or, 4.
Page 590 - The grand jury must inquire into the case of eve-ry person imprisoned in the jail of the county on a criminal charge and not indicted...
Page 239 - ... and performance of the promise will satisfy an actual or supposed or asserted duty of the promisee to the beneficiary, or a right of the beneficiary against the promisee which has been barred by the Statute of Limitations or by a discharge in bankruptcy, or which is unenforceable because of the Statute of Frauds; (c) an incidental beneficiary if neither the facts stated in Clause (a) nor those stated in Clause (b) exist.
Page 528 - Appointments and promotions in the civil service of the State, and of all the civil divisions thereof, including cities and villages, shall be made according to merit and fitness to be ascertained, so far as practicable, by examination which, so far as practicable, shall be competitive...
Page 528 - ... that honorably discharged soldiers and sailors from the army and navy of the United States in the late Civil War, who are citizens and residents of this State, shall be entitled to preference in appointment and promotion, without regard to their standing on any list from which such appointment or promotion may be made. Laws shall be made to provide for the enforcement of this section.
Page 448 - On the opening of plaintiff's counsel at the trial, defendant's counsel moved for a dismissal of the complaint, "on the ground that the plaintiff has an adequate remedy at law. that defense being taken specifically in the answer.
Page 665 - ... shall be held individually responsible, equally and ratably, and not one for another, for all contracts, debts, and engagements of such association to the extent of the amount of their stock therein at the par value thereof, in addition to the amount invested in such shares...
Page 468 - An act to unite into one municipality under the corporate name of The City of New York, the various communities lying in and about New York harbor, including the city and county of New York, the city of Brooklyn and the county of Kings, the county of Richmond and part of the county of Queens, and to provide for the government thereof," is hereby amended so as to read as follows : CHAPTER I.