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New York Supplement Volume 141 download torrent

New York Supplement Volume 141 download torrent

New York Supplement Volume 141. National Reporter System

New York Supplement Volume 141
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Author: National Reporter System
Page Count: 724 pages
Published Date: 01 May 2012
Publisher: Rarebooksclub.com
Publication Country: Miami Fl, United States
Language: English
ISBN: 9781232390015
File size: 41 Mb
Download Link: New York Supplement Volume 141
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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. 1913 Excerpt: ... rendered for plaintiff, notwithstanding that under the law of the case as laid down by the Court of Appeals, and by the undisputed facts, it was the defendant who was entitled to the judgment, and not the plaintiff. Such a judgment obviously requires defense or explanation. No explanation or defense thereof is given, unless the opinion of the Appellate Division, affirming this judgment, on the subsequent appeal to it by the defendant, may be so considered. Third Appeal to the Appellate Division. The explanation or defense of this judgment given in the opinion of the Appellate Division (148 App. Div. 805, 133 N. Y. Supp. 384) is obviously untenable. It is based on the erroneous assumption that the direction for judgment at the end of the Court of Appeals opinion, to wit: "The judgment of the Appellate Division should be modified, by directing that the accounting under the interlocutory judgment, as modified, proceed, and in other respects affirmed -" (198 N. Y. 421, 91 N. E. 1109)--must be construed as overruling what the Court of Appeals clearly had held to be the meaning of Mr. King's will, and as affirming the construction placed on that will by Mr. Justice Clark's judgment, which was in conflict with the Court of Appeals' construction of the will. A forced construction, by which one portion of the opinion of the Court of Appeals is made to nullify another portion, is the foundation of this decision of the Appellate Division. After referring to the former appeals to it (Tuthill v. Davis, 121 App. Div. 290, 105 N. Y. Supp. 672; Seaward v. Davis, 133 App. Div. 191, 117 N. Y. Supp. 468), the Appellate Division says: "The case went to the Court of Appeals (198 N. Y. 415 91 N. B. 1107) where the judgment was modified by directing that the ...

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