Petition, Writ of Certiorari an Return

Petition, Writ of Certiorari an Return

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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. 1900 edition. Excerpt: ...transactions hereinafter more specifically referred to between the plaintiff and the defendants above named, and that he has personal knowledge of each and every of the said negotiations and transactions herein set forth." In Ltufenberg vs. The Commercial Bank, 5 App. Div., 219, Juilge Bakret states the rule of law to be "That statements in affidavits will be presumed to have been made on personal knowledge, unless stated to have been on information and belief, and unless it appears affirmatively or by fair inference that they could not have been and were not on such knowledge.' There is no one connected with the plaintiff who could make the affidavit with such strength and directness as Mr. Hewitt, and there is nothing in the papers from which even by inference the proper weight to be given to his statements can be attacked. He is the direct actor on behalf of the plaintiff in all the transactions and negotiations complained of, and he is the person entitled to speak of his own knowledge. In American Exchange Bank vs. Vaitiin, supra, the Court Went so far as to hold that, as the affidavit was made by the cashier of the plaintiff, who was its chief fiscal officer, he might be presumed to have had actual knowledge of the facts which he stated in positive terms. See, also, Gribbon im. Gnnmi, i St. Hep., 825. Let it be assumed, however, that defendants' objections to the first cause of action are good, and that as to it the papers do not disclose the necessary jurisdictional facts. This being assumed as true, what is the position of the defendants? Their motion is made under Section 682 of the Code, the pertinent portion of which is as follows: "The defendant may apply to vacate or modify the warrant, or to increase the...show more

Product details

  • Paperback | 240 pages
  • 189 x 246 x 13mm | 435g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236948483
  • 9781236948489