 The order of the Appellate Division should be reversed, and that of the Special Term affirmed, with costs in the Appellate Division and in this court, and the question certified answered in the negative.  Legislative Document - Page 150by New York (State). Legislature - 1920Full view - About this book
 | New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Hiram Edward Sickels - Law reports, digests, etc - 1919 - 874 pages
...803; affd., 217 NY 655; Barnett v. Vaughan Institute, 134 App. Div. 921; 197 NY 541). The order of the Appellate Division should be reversed and that...the Appellate Division and in this court; and the questions certified should be answered in the affirmative. HISCOCK, Ch. J., CHASE, HOGAN, POUND and... | |
 | New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Erasmus Peshine Smith, Joel Tiffany, Edward Jordan Dimock, Samuel Hand, Hiram Edward Sickels, Louis J. Rezzemini, Edmund Hamilton Smith, Edwin Augustus Bedell, Alvah S. Newcomb, James Newton Fiero - Law reports, digests, etc - 1870 - 712 pages
...Greason v. Keteltas (17 NY, 491). ; The result of these views is that the judgment of the general term should be reversed and that of the special term affirmed, with costs, in the Supreme Court, but without costs to either party on this appeal. COMSTOCK, Ch. J., delivered an opinion... | |
 | New York (State). Court of Appeals, Erasmus Peshine Smith, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Joel Tiffany, Samuel Hand - Law reports, digests, etc - 1870 - 704 pages
...elect to take proceedings to enforce his security by foreclosure. The judgment of the General Term should be reversed, and that of the Special Term affirmed, with costs. INDEX. ABSENCE OF JUDGE FROM BENCH. See ( ' 1:1 .M i N \T, LAW, 1, 2. ACCOMMODATION PAPER See BILLS... | |
 | Law - 1885 - 544 pages
...controversy. We think the Special Term was right in setting aside the levy. The order of the General Term should be reversed, and that of the Special Term affirmed, with costs. All concur, except Ruger, CJ, taking no part, and Rapallo, J., absent. [See 28 Eng. Rep. 197.] SALE—... | |
 | Law - 1892 - 554 pages
...in confhct with any provision of the fundamental law and is valid. The jndgment of the General Term should be reversed and that of the Special Term affirmed, with costs. All concur except RUGEH. Ch. J., not voting; ANDREWS, J., not sitting, and FINCH, J., absent. XA TUB... | |
 | New York (State). Court of Appeals - Law reports, digests, etc - 1873 - 684 pages
...liable to an execution against his person for the costs of such action. The judgment of the general term should be reversed, and that of the special term affirmed, with costs. PECKHAM, J., delivered a dissenting opinion to the effect that the Code did not change the formerly... | |
 | New York (State). Court of Appeals - Law reports, digests, etc - 1873 - 684 pages
...liable to an execution against his person for the costs of such action. The judgment of the general term should be reversed, and that of the special term affirmed, with costs. PECKHAM, J., delive?ed a dissenting opinion to the effect that the Code did not change the formerly... | |
 | Nathan Howard (Jr.), Rowland M. Stover - Civil procedure - 1882 - 656 pages
...from service of process or summons while so attending. Fisk agt. Spring. The order of the general term should be reversed, and that of the special term affirmed, with costs. All concur. SUPREME COURT. HENBY G. FISK and others, respondents, agt. Lucius L. SPRING, appellant.... | |
 | Civil procedure - 1883 - 524 pages
...the order of the * See Murtha v. Curley, ante, p. 1. Matter of Pyrolusite Manganese Co. general term should be reversed and that of the special term affirmed, with costs, and when we say "with costs" we mean the costs of the appeal to the general term and to this court.... | |
 | Criminal law - 1900 - 632 pages
...defendants full knowledge of the facts to be proved against them at the trial. I think the judgment of the appellate division should be reversed, and that of the special term, sustaining the demurrer to the indictment, affirmed. O'Brien, J., reads for affirmance. Parker, CJ,... | |
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