Papers on Appeal from Order Entered June 23d, 1904

Papers on Appeal from Order Entered June 23d, 1904

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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: ... estalIishes all matters adjudicated or which might have bcen adjudicated in the action (Hell v. Mercfield, 10!) X. Y. 202), the issue before me is entirely distinct from any raised or capable of being raised in that action. Services may be rendered as an employee or in a professional or other capacity (Pooplo v. Remington, 45 IIun. 329. Affirmed 12!) X. V., 831.), and the mere allegation of the rendition of services without some evidence as to their character is no proof of the capacity in which such services were rendered. In the action the issues were, were such services rendered, and if so did the defendant agree to pay therefor, and how much, or what were they reasonably worth. The evidence may have been that the services were rendered as an employee, but such evidence forms i14 no part of the judgment-roll and is not before me. The complaint is entirely consistent with the rendition of services in a capacity other than that of an employee, and it becomes apparent that to establish the one or the other capacity proof aliunde the judgment-roll is necessary. The same reasoning induces the conclusion that the judgment-roll is no evidence that the sums actually owing were due as wages or salary, and I am compelled to hold that there is a failure of proof show-n5 ing that the creditor is entitled to a preference. Assuming that the judgment he evidence of the amount and validity of the claim, I think that under the testimony of the witness Holden and Roberts it is plain that the services were not rendered by Galvin as an employee and that the sums recovered were not due as wages or salaries. In the view that I take of the first question propounded, however, it becomes unnecessary for me here n6 to consider or discuss the effect of more

Product details

  • Paperback | 188 pages
  • 189 x 246 x 10mm | 345g
  • United States
  • English
  • black & white illustrations
  • 123695758X
  • 9781236957580