Reports of Cases Argued and Determined in the Court of Common Pleas for the City and County of New York (Volume 12 ) (Paperback)

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.1878 Excerpt: ... Charles P. Daly, Chief Justice.--I concur with Judge Van Bkunt. The plaintiff, in his additional point, says that the property was assessed as so much land. The statement in the complaint is, that it was assessed as " one-half of pier between Stanton and Puvington streets," which is not on the face of the proceedings, an assessment on the land or real estate, but upon an incorporeal hereditament, for which there was no authority. Judgment reversed. Catharine Josuez against Daniel A. Murphy. (Decided April 3d, 1876.) Leave to go to the Court of Appeals will not be granted, even where there is a diversity of opinion and practice upon certain points raised upon the appeal, if the decision of those points was not necessary to its determination (although passed upon by the court), and the decision was placed upon a ground that had been passed upon by the Court of Appeals in a reported and well known case. Motion for leave to go to the Court of Appeals. The decision of this court, which it was desired to review in the Court of Appeals, is reported ante, p. 324, where the facts of the case are stated. Edward P. Wilder, for the motion. Samuel G. Courtney, opposed. Van Hoesen, J.--The appellant founds her application for leave to go to the Court of Appeals upon the ground that there exists a diversity of opinion and practice as to the proper form of the order of arrest provided for by subd. 3 of sec. 179 of the Josuez v. Murphy. Code--the Supreme Court having held that an order of arrest in the ordinary form should be issued, whilst the Superior Court has decided that the order should be special, and should direct the sheriff to exact from the defendant an undertaking conformable to sec. 211 of the Code. A sufficient answer to the application is found in the fact th...