Reports of Cases Heard and Determined in the Appellate Division of the Supreme Court of the State of New York Volume N . 46

Reports of Cases Heard and Determined in the Appellate Division of the Supreme Court of the State of New York Volume N . 46

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1900 edition. Excerpt: ...duty of the justice or court to whom the application is made to comply with the terms of the statute. Proceedings have been instituted in various parts of the State, under the section which we have just referred to, and courts have sustained them. (Matter qf Bradley, 22 Misc. Rep. 301; Matter qf Lhiingston, 24 App. Div. 51; Matter qf Lyman, 25 Misc. Rep. 638; Matter of I/_z/man, 26 id..300; Matter qf Bridge, 36 App. Div. 538, afig. 25 Misc. Rep. 213; Matter of Place, 27 App. Div. 561; Matter qf Lyman, 29 id. 391; Matter qf Lyman, 28 Misc. Rep. 385; 1latter of Lg/ma-n, Id. 278; illatter qf Kinzel, Id. 622.). This court has, by its action in numerous cases, been committed to the validity of proceedings taken under section 28 of the act, and it seems orderly that it should adhere until the contrary doctrine shall be held by the court of last resort. Our attention has been called to a dict-awn in Matter of Lyman (160 N. Y. 96), and also to an opinion delivered in response to a motion for a reargument of that case, in which opinion it was said: We ought to regard the question as still open for further discussion whenever it arises in an actual controversy presented, so that in a case involving the same question coming here, we will not regard ourselves concluded by what has been stated in the opinion. It will then be open to the counsel for the commissioner to make such arguments on that point as he may be advised. Under the circumstances of the case we deem it orderly to follow the views which we have heretofore expressed, and to sustain the proceeding now brought before us. All concurred. Order atfirmed, with costs. STATE BANK or Srnscusa, Respondent, v. Joan A. LIGHT-XALL, lndividually and as Trustee, and Others, Appellants, ...
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Product details

  • Paperback | 310 pages
  • 189 x 246 x 17mm | 558g
  • Miami Fl, United States
  • English
  • black & white illustrations
  • 1236612108
  • 9781236612106