Howard's practice reports Volume 3; containing cases under the Code of civil procedure and the general practice of the state of New York, selected from decisions of all the courts with notes - Softcover
Synopsis
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. 1886 Excerpt: ... the custody of public officers authorized to discharge, and as public officers amenable to authority, and naturally anxious to lessen the public burden at the earliest opportunity. When, in such a case, a private charity was substituted as the custodian, whose officers are but individuals, and governed by their own charter instead of the public law, it is not to be supposed that restrictions and limitations, prudently and carefully interposed to fit the emergency, were intended to be taken away and suddenly and without reason deemed unnecessary. We are impressed with the conviction that the sole effect of the first alternative contained in section 291 is td permit the magistrate who theretofore, under the consolidation act, could commit the destitute child to but one of three specified institutions, to commit such child to any charitable or reformatory institution authorized by law to take charge of minors, but in every case the institution so authorized was left to take and hold the child for the time and in the manner and under the regulations prescribed by its fundamantal law. The order should be affirmed, with costs. All concur, except Eabl, J., not voting, and Miller, J., absent COUNTY COURT..george W. Carter, respondent, agt James W. Wallace, appellant. Code of Civil Procedure, section 1011--Reference, hy stipulation--The court must appoint another referee if new trial be granted. Under section 1011 of the Code of Civil Procedure, as amended by chapter 542 of the Laws of 1879, it is imperative on the court to appoint another Carter agt. Wallace. referee where a new trial is granted in an action tried before a referee named in the stipulation to refer, "unless the stipulation expressly provides otherwise." Steuben County, March, 1886. Tins a...
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