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action affirmed agreement alleged allowed amount answer appeal application appointed Argued assessment assignment authority bank brought cause charge circumstances claim Code commissioners complaint concur contained contract corporation costs counsel damages death deceased deed defendant defendant's Department directed duty effect entitled evidence examination exception execution executors existence fact follows further give given granted ground held intention interest issue January John judge judgment jury land liable matter ment mortgage motion necessary objection opinion owner paid parties payment person plaintiff possession premises present proceedings proof purchase question reason received recover reference refused relator respect respondent rule special term statute street Supreme Court sustained taken term testimony tion trial trust verdict witness York
Page 10 - In an action against several defendants, the court may, in its discretion, render judgment against one or more of them, leaving the action to proceed against the others, whenever a several judgment may be proper.
Page 249 - ... judgment, on the application of a party who establishes an apparent right to, or interest in, the property, where it is in the possession of an adverse party, and there is danger that it will be removed beyond the jurisdiction of the court, or lost, materially injured, or destroyed. 2. By or after the final judgment, to carry the judgment into effect, or to dispose of the property, according to its directions. 3. After final judgment, to preserve the property, during the pendency of an appeal....
Page 218 - ... a new action, for the same cause, has been commenced in the proper court; the party, in whose favor final judgment is rendered in the new action, is entitled to costs ; except that, where final judgment is rendered therein, in favor of the defendant, upon the trial of an issue of fact, the plaintiff is entitled to costs, unless it is certified, that the title to real property came in question on the trial.
Page 37 - After the passage of this act all property which shall pass by will or by the intestate laws of this state...
Page 325 - That one of the causes of action specified in the last section exists against the defendant. If the action is to recover damages for breach of a contract, the affidavit must show that the plaintiff is entitled to recover a sum stated therein, over and above all counter-claims known to him.
Page 170 - In any other case, to the president or other head of the corporation, the secretary or clerk to the corporation, the cashier, the treasurer, or a director or managing agent.
Page 124 - And though the lessor had it not actually in him, nor certain, yet he had it potentially; for the land is the mother and root of all fruits. Therefore he that hath it may grant all fruits that may arise upon it after, and the property shall pass as soon as the fruits are extant, as 21 Hen.
Page 419 - No private or local bill, which may be passed by the Legislature, shall embrace more than one subject, and that shall be expressed in the title.