The Miscellaneous Reports Volume 38
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The Miscellaneous Reports Volume 38

The Miscellaneous Reports Volume 38


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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. 1902 Excerpt: ...one of them, as he would have done in the first instance had he been aware of the relator's status." The former case proceeded upon the theory that the position of the relator had been abolished for reasons of economy, whereas the latter case was one where the relator had been discharged, although the position or similar positions remained unabolished. The relator insists that, by virtue of the admission that he was a regular clerk and the further admission that persons not veterans or honorably discharged firemen were retained in the performance of clerical work, he is entitled to a peremptory writ. I am of the opinion, however, because of the peculiar and somewhat confused state of the issues, that it will be better if a jury first determine whether persons neither veterans nor honorably discharged firemen were retained in the department doing the same work or work similar to that which the relator had been performing. A finding upon this point will go far in deciding the real question in this case, which is whether the relator's removal was, in fact and substance and irrespective of what it was called, a discharge, or whether his position was abolished. An alternative writ may issue. Writ issued. Supreme Court, July, 1902. Vol. 3a The New Yoek Loan & Improvement Company, Plaintiff, v. Jose E. De Navarro, Defendant. (Supreme Court, New York Special Term, July, 1902.) Supplementary proceedings--Motion to subordinate original proceedings--How made--When refused. Where a junior judgment creditor moves to subordinate supplementary proceedings, in which a receiver of the debtor's property has been appointed, to his own similar proceedings, he may lawfully entitle his motion in either action. Although twelve years had elapsed since the receiver was app...


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Product Details
  • ISBN-13: 9781154300512
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 356
  • Spine Width: 19 mm
  • Width: 189 mm
  • ISBN-10: 115430051X
  • Publisher Date: 01 May 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 635 gr


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