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" The powers, conferred by this subdivision, must be exercised only in a like case and in the same manner, as a court of record and of general jurisdiction exercises the same powers. Upon an appeal from a determination of the surrogate, made upon an application... "
Civil Procedure Reports: Containing Cases Under the Code of Civil Procedure ... - Página 17
1885
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Laws of the State of New York, Volume 2

New York (State) - 1880 - 832 páginas
...appeal from a determination of the surrogate, made upon an application pursuant to this subdivision, the general term of the supreme court has the same...if an original application was made to that term. 7. To punish any person for a contempt of his court, civil or criminal, in any case, where it is expressly...
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The New-York Code of Civil Procedure: Carefully Annotated and Fully Indexed ...

New York (State) - 1881 - 1532 páginas
...appeal from a determination of the (surrogate, made upon an application pursuant to this subdivision, the general term of the supreme court has the same power as tho surrogate ; and his determination must be reviewed, as if au original application was made to that...
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Reports of Cases Heard and Determined in the Supreme Court of the ..., Volume 34

Marcus Tullius Hun - 1882 - 760 páginas
...therefore, no question of the power of the surrogate to make the order appealed fr jin ; and on this appeal the General Term of the Supreme Court has the .same...be reviewed as if an original application was made thereto. The motion for a new trial and rehearing proceeds on the theory that the surrogate was under...
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The N.Y. Weekly Digest of Cases Decided in the U.S. Supreme ..., Volume 15

1883 - 676 páginas
...grant a new trial on sufficient cause. Code Civ. Pro., §2481, sub. 6. The General Term, on appeal, has the same power as the Surrogate, and his determination...be reviewed as if an original application was made thereto. No Judge can sit as such in a cause in which he is interested. 2 RS, 275, §2; Code Civ. Pro.,...
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Howard's Practice Reports in the Supreme Court and Court of ..., Volume 67

Nathan Howard (Jr.), Rowland M. Stover - 1884 - 658 páginas
...section 2481 of the Code of Civil Procedure to the surrogate to open, vacate or set aside the decrees, so far as that might be necessary for the further...supreme court has the same power as the surrogate ; and hi* determination must be reviewed as if an original application was made to that term. Under this...
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Howard's Practice Reports: Containing Cases Under the Code of ..., Volume 1

New York (State). Courts, Nathan Howard (Jr.), Rowland M. Stover - 1885 - 672 páginas
...appeal from a determination of the surrogate, made upon an application pursuant to this subdivision, the General Term of the supreme court has the same...if an original application was made to that term. Courts of record and of general jurisdiction, however, have only such powers in this regard as are...
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Rust's New York Code of Civil Procedure 1885

New York (State), Charles David Rust - 1885 - 814 páginas
....appeal from a determination of the surrogate, made upon an application pursuant to this subdivision, tbe general term of the supreme court has the same power...surrogate; and his determination must be reviewed, as if an origina! application »•• made to that term. 7. To punish any person for a contempt of his court,...
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The New York Code of Civil Procedure: As Amended To, and Including 1887 ...

1887 - 814 páginas
...'letennination of til« »urrogHte, made upon an application pursuant to this subdivision, the Amoral term of the supreme court has the same power as the surrogate ; ami III» ilolormination must be reviewed, as if an original application waj limito lu that tiM-iii....
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The New York Supplement, Volume 170

1918 - 1258 páginas
...2490, subd. 6, providing a surrogate may set aside a decree of his court, the Supreme Court possesses the same power as the surrogate, and his determination must be reviewed as if the application was originally made to the Supreme Court. 3. MOTIONS <S=>43 — LACHES. An application...
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The New York Code of Civil Procedure, as Amended To, and Including, 1889 ...

New York (State), Charles David Rust - 1889 - 864 páginas
...appeal from a determination of the surrognte, made upon an application pursuant to this subdivision, the general term of the supreme court has the same...if an original application was made to that term. 7. To punish any person for a contempt of his court, civil or criminal, in any case, w:here it is expressly...
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