People v. . Journal Co.
New York Court of Appeals
Appeal from a judgment, entered September 20, 1913, upon an order of the Appellate Division of the Supreme. Court in the third judicial department, reversing a judgment in favor of defendant entered upon a dismissal of the complaint by the court on trial at Special Term and directing judgment in favor of plaintiff. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment, entered September 20, 1913, upon an order of the Appellate Division of the Supreme. Court in the third judicial department, reversing a judgment in favor of defendant entered upon a dismissal of the complaint by the court on trial at Special Term and directing judgment in favor of plaintiff. The nature of the action and the facts, so far as material, are stated in the opinion. The appellate court below was without power to review the case upon the merits either as to the law or as to the facts. (Code Civ. Pro. § 994; Jacobson v. Cornelius, 52 Hun, 377; T. A. R. R. Co.…
1Opinion of the CourtCardozo, J.
The Albany Evening Journal, published by the defendant, was for many years designated as the state paper for the publication of the statutes and of legal notices and advertisements. The designation was made by the secretary of state, comptroller and treasurer under the authority of section 73 of chapter 248 of the Laws of 1893 (now section 82 of the Executive Law, L. 1909, ch. 23). It has been the practice to pay for such publications at the rate of seventy-five cents per folio. During the same years the defendant’s newspaper was also designated by the board of supervisors of Albany county as…
2Cases cited16 opinions
- Osterhoudt v. . RigneyNew York Court of Appeals · 1885
- Village of Fort Edward v. . FishNew York Court of Appeals · 1898
- Crapo v. . City of SyracuseNew York Court of Appeals · 1906
- Board of Supervisors v. . EllisNew York Court of Appeals · 1875
- People Ex Rel. Coughlin v. . GleasonNew York Court of Appeals · 1890
11 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- In Re the Estate of FindlayNew York Court of Appeals · 1930
- Cortlandt Nursing Home v. AxelrodNew York Court of Appeals · 1985
- State v. Seventh Regiment Fund, Inc.New York Court of Appeals · 2002
- Daleview Nursing Home v. AxelrodNew York Court of Appeals · 1984
- Williams Press v. State of NYNew York Court of Appeals · 1975
18 more not listed; retrieve them via the Exa API.