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Home > 2 Years Transportation Progress Volume 92: (English)
2 Years Transportation Progress Volume 92: (English)

2 Years Transportation Progress Volume 92: (English)

          
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About the Book

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. 1905 Excerpt: ... also, was the point that there was neither proof nor finding that Jefferson Place prior to March, 1901, had any curbs or curb lines established. The evidence on these points in the Matter of Andersen, supra, was substantially the same as it is in this proceeding, and the Court of Appeals nevertheless determined in that case that the order of the Special Term appointing commissioners should be affirmed This seems to be a conclusive adjudication upon these two questions. That decision by the Court of Appeals also necessarily involved a determination adverse to the appellants upon the proposition which they now advance, that chapter 610, p. 1396, of the Laws of 1903, was not applicable to Jefferson Place, because that street, including the plaintiff's lands and the adjacent territory, is within the corporate limits of the village of Tuckahoe We think a correct conclusion was reached at the Special Term upon all the points presented by this appeal, and that the order appointing commissioners should therefore be affirmed. Order affirmed, with $10 costs and disbursements. All concur; HOOKER, J., not voting. TRACT et al. v. FALVET et al. (Supreme Court, Appellate Division, First Department March 10, 1905.) 1. Tbial--Right To Jury--Waiver--Effect. Where a party's right to trial by Jury Is waived, such waiver cannot be retracted, but obtains during the life of the litigation, except when otherwise provided by statute. 2. Same-judgment--Bar. Where neither the notice of motion that the Issues In a partition suit be tried to a jury, nor the order denying the same, limited the motion to the first trial, plaintiffs not having appealed therefrom, the order was a bar to a subsequent application for a Jury on a retrial of the case after reversal, In the absence of leave to...


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Product Details
  • ISBN-13: 9781130326147
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 696
  • Series Title: English
  • Weight: 1220 gr
  • ISBN-10: 1130326144
  • Publisher Date: 01 Mar 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Spine Width: 35 mm
  • Width: 189 mm


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