Columbia Law Review Volume 4

Columbia Law Review Volume 4

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1904 edition. Excerpt: ...Sun Print. i5-Pub. As.r'n (1904) 177 N.. 131. The technical inducement and colloquium of the complaint in slander and libel actions at common law---see Miller v. /llaxwell (1836) 16 Vend. 9; Tyler v. Tillotson (184.2) 2 Hill 5o7--are done away with under the reformed procedure, which allows an inferential application of the libellotis matter to the plaintiff. N. Y. Code Civ. Proc. 535; Townshend, Slander and Libel. 4th ed., 316; Crandall v. jacoos (N. Y. 1897) 22 App. Div. 400, 403. But where, as in the principal case. the facts, notwithstanding the general allegation, tend to show that some other person than the plaintiff is referred to, as the conclusion drawn is inconsistent. the complaint is demurrable. Flair: /tmann v. Benne/I (1881) 87 N. Y. 231. PLEADING AND PRACTlCE---LIMITATION or ACTION l-'OR DOWER UNDER New YORK Conn. The plaintiff. a widow, claimed dower fortv years after her husband's death. The New York Code of Civil Procedure, 1596, provides a twenty-year limitation, with exceptions in case of certain disabilities of the widow. The plaintiff relies on the defendant's absence from the state. as provided in _$ 401. Held, 1596 is exclusive and the general provisions, 398-415, do not appl, hence the claim was barred. H/ertyen v. Fiek (N. Y. 1904) 90 App. lgiv. 4. he right to dower existed before any statute of limitations:1 plied to it, so that Hill v. Su err/isors (1890) 119 N. Y. 344, assuming that case still to be law. woul not justify the decision. The present case seems indistinguishable on principle from T ilus v. Poole (1895) 145 N. Y. 414 and Hayden v. Pierre (1895) 144 N. Y. 512. In attempting a distinction, the court says the mention of certain disabilities in 1596 im lies...
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Product details

  • Paperback | 270 pages
  • 189 x 246 x 14mm | 485g
  • United States
  • English
  • black & white illustrations
  • 1236864867
  • 9781236864864