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" It shall thereupon render judgment of affirmance, judgment of reversal and final judgment upon the right of any or all of the parties, or judgment of modification thereon, according to law, except where it may be necessary or proper to grant a new trial... "
Law Reform: Papers and Addresses by a Practicing Lawyer - Page 64
by Henry Waters Taft - 1926 - 265 pages
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Bench and Bar, Volumes 5-8

Law - 1914 - 538 pages
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Report of the Board of Statutory Consolidation on the Simplification of the ...

New York (State). Board of Statutory Consolidation - Civil procedure - 1915 - 358 pages
...judgment upon the right of any or all of the parties, or judgment of modification thereon, according to law, except where it may be necessary or proper to...hearing, when it may grant a new trial or hearing. When a trial has been before a jury, the judgment of the appellate court must be rendered either upon...
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Bench and Bar, Volume 9

Law - 1915 - 614 pages
...a matter of course. As to this Lamport v. Smedley is explicit. Sec. 1317, as amended, gives power, "where it may be necessary or proper," to grant a new trial; and the appellant urged that "a new trial is always necessary and proper when it is conceivable that...
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Chase's Pocket Code: The Code of Civil Procedure of the State of New York ...

New York (State), George Chase - Civil procedure - 1916 - 1682 pages
...judgment upon the right of any or all of the parties, or judgment of modification thereon, according to law, except where it may be necessary or proper to...hearing, when it may grant a new trial or hearing. When a trial has been before a jury, the judgment of the appellate court must be rendered either upon...
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Parsons' Complete Annotated Pocket Code: New York Code of Civil Procedure

New York (State) - Civil procedure - 1916 - 1852 pages
...judgment upon the right of any or all of the parties, or judgment of modification thereon, according to law. except where it may be necessary or proper to grant a new trial or hearing, whin it may grant n new trial or hearing. When a trial has been before a jury, the judgment of the...
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Reports of Cases Decided in the Court of Appeals of the State of ..., Volume 219

New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Hiram Edward Sickels - Law reports, digests, etc - 1917 - 820 pages
...the Appellate Division to render "final judgment upon the right of any or all of the parties, * * * except where it may be necessary or proper to grant...hearing, when it may grant a new trial or hearing." Section 2763 of the Code of Civil Procedure, relating to appeals from Surrogates' Courts, provides...
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The New York Code of Civil Procedure: As Amended by the Legislature to and ...

New York (State) - Civil procedure - 1919 - 688 pages
...judgment upon the right of any or all of the parties, or judgment of modification thereon, according to law, except where it may be necessary or proper to...hearing, when it may grant a new trial or hearing. When a trial has been before a jury, the judgment of the appellate court must be rendered e'ther upon...
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Legislative Document, Volume 39

New York (State). Legislature - New York (State) - 1919 - 1158 pages
...judgment upon the right of any or all of the parties, or judgment of modification thereon, according to law. except where it may be necessary or proper to...hearing, when it may grant a new trial or hearing. When a trial has been before a jury, the judgment of the appellate court must be rendered either upon...
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Bender's Lawyers' Diary and Directory ...: Reference Book for the State of ...

Law - 1920 - 1088 pages
...judgment upon the right of any or all of the parties, or judgment of modification thereon, according to law, except where It may be necessary or proper to...hearing, when It may grant a new trial or hearing. When a trial has been before a Jury, the judgment of the appellate court must be rendered either upon...
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The Civil Practice Manual of the State of New York, Containing Civil ...

New York (State) - 1920 - 1210 pages
...judgment upon the right of any or all of the parties, or judgment of modification thereon, according to law, except where it may be necessary or proper to...hearing, when it may grant a new trial or hearing. When a trial has been before a jury, the judgment of the appellate court must be rendered either upon...
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