The Rights, Duties, Remedies and Incidents Belonging to and Growing Out of the Relation of Landlord and Tenant; With Forms Volume 3

The Rights, Duties, Remedies and Incidents Belonging to and Growing Out of the Relation of Landlord and Tenant; With Forms Volume 3

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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. 1910 edition. Excerpt: ...the action upon his explanation that the defendant's name should have been inserted in the summary proceedings as the tenant instead of the name of the person which was actually inserted would not be disturbed. (Schlesinger r. David Mayer Brewing Co., 20 Misc. 353.) Res adjudicata; defense of cannot be raised by mere motion without plea. (Fritztuskie v. Wauroski, 83 App. Div. 150.) How to Show That Issue Was Passed Upon. If the record does not show, presumptively at least, what ground the cause was decided upon, the justice may be called, or if the matter was decided by a jury the jurors may be called. (Yonkers Ins. C0. v. Bishop, I Daly, 449.) And the charge of the judge to the jury is competent to show the precise issues passed on by the jury. (Rowland v. Hobby, 26 App. Div. 522.) Where a judgment may have proceeded upon either or any of two or more different and distinct facts, the party desiring to avail himself of the judgment as conclusive evidence upon some particular fact, must show affirmatively that it rested upon that fact, or else the question is open for a new contention. (Lewis 1'. 0. N. &. P. Co., 125 N. Y. 348; Reynolds L'. Etna Ins. Co., 160 Id. 635; Towns v. Nims, 20 Am. Dec. 578; Russell v. Place, 94 U. S. 606; Lazarus 1.. Ludwig, 18 Misc. 477.) In the absence of any proof outside the record, it will be assumed that a former litigation involved everything alleged in the complaint, and that the adjudication covered the whole ground of the complaint. (Matter of Straut, 126 N. Y. 201; s. 0., 36 St. R. 936; Yonkers Ins. Co. v. Bishop, supra. Sec Reiner v. Jones, 38 App. Div., at p. 444.) The court is not authorized to dispose of proceeding on incidents dehors both pleading and proofs. (Ebling, Jr., 1;....show more

Product details

  • Paperback | 222 pages
  • 189 x 246 x 12mm | 404g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236929209
  • 9781236929204