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Home > History and Archaeology > History > Reports of Cases Heard and Determined in the Supreme Court of the State of New York (Volume 70)
Reports of Cases Heard and Determined in the Supreme Court of the State of New York (Volume 70)

Reports of Cases Heard and Determined in the Supreme Court of the State of New York (Volume 70)


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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. 1892. Excerpt: ... Fourth Department, Febhcary Term, 1802. Tlie matter contained in the portion of the answei stricken out was alleged both as a defense and in mitigation of damages. It, in effect, alleged that the plaintiff committed adultery with other persons after his marriage and before trial, and that he consented to his wife's adultery. If the facts alleged could be established, they would constitute a full, or at least a partial defense to the action. We think the defendant had a right to plead the matters stricken out, and that the court erred in granting the order appealed from, and the order should be reversed, with ten dollars costs and disbursements. Hakdin, P. J., and Merwin, J., concurred. Order reversed, with ten dollars costs and disbursements. WILLIAM H. De MOTT, Appellant, V. FRANCIS M. KENDRICK, Respondent. Appeal--time, how limited--a judgment it not final while t/ie costs may be readjusted. On the 10th day of April, 1801, the attorneys for a defendant entered judgment upon a referee's report, and taxed their costs without notice. Upon the same day they served upon the plaintiff's attorney a copy of the judgment, with notice of relaxation of the costs. No further notice of this character was ever served by the attorneys for the defendant. On the 23d day of October, 1801, the plaintiff's attorney filed and served notice of exceptions to the referee's report, and notices of appeal from the judgment. The notices served upon the defendant's attorneys were returned by them on the ground that they were not served in time, more than thirty days having elapsed since the service upon the plaintiff's attorney of a copy of the judgment. Held, that as the notice of the entry of judgment was served before the amount of the judgment had become fixed by a readjustment...


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Product Details
  • ISBN-13: 9781235670916
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 320
  • Spine Width: 17 mm
  • Width: 189 mm
  • ISBN-10: 1235670910
  • Publisher Date: 01 Feb 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 625 gr

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Reports of Cases Heard and Determined in the Supreme Court of the State of New York (Volume 70)
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