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affidavit affirmed agreement alleged amount answer application appointment assessment assignment authority bank Barb bill bonds cause of action chose in action cited City of Buffalo claim clerk Code Collins common law complaint contract costs Cothran agt counsel county court county judge court of appeals court of equity covenant creditors damages Darg debtor debts decision defendant defendant's demand demurrer discharge entitled evidence execution extra allowance fact favor firm foreclosure fraud granted guardian held holder husband interest issue judgment judgment debtor jurisdiction jury justice legislature liable ment mortgage motion opinion paid pari delicto party payment person plaintiff premises proceedings promissory note purchaser question received recover reference remedy respondent Revised Statutes rule security for costs sheriff special term suit supreme court Tallmadge thereof tiff tion trial trustees usury verdict Wend writ York
Страница 25 - Here it may be laid down for a rule, that whatever words are sufficient to explain the intent of the parties, that the one shall divest himself of the possession, and the other come into it for a determinate time, such •words, whether they run in the form of a license, covenant, or agreement, are of themselves sufficient, and will, in construction of law, amount to a lease for years, as effectually as if the most proper and pertinent words had been made use of for that purpose.
Страница 314 - That any order of the President, or under his authority, made at any time during the existence of the present rebellion, shall be a defence in all courts to any action or prosecution, civil or criminal, pending, or to be commenced, for any search, seizure, arrest, or imprisonment, made, done, or committed, or acts omitted to be done, under and by virtue of such order, or under color of any law of Congress, and such defence may be made by special plea, or under the general issue.
Страница 202 - ... it upon the other, or to do any other act, necessary to perfect the appeal, or to stay the execution of the judgment or order appealed from...
Страница 313 - Bank filed a petition and bond in said action, for the removal of the cause to the circuit court of the United States for the district of...
Страница 5 - ... of notice of acceptance, and the clerk must thereupon enter judgment accordingly. If the notice of acceptance be not given, the offer is to be deemed withdrawn, and cannot be given in evidence upon the trial; and if the plaintiff fail to obtain a more favorable judgment, he cannot recover costs, but must pay the defendant's costs from the time of the offer— 1873-342.
Страница 61 - The warrant may be issued whenever it shall appear by affidavit that a cause of action exists against such defendant, specifying the amount of the claim and the grounds thereof, and that the defendant is either a foreign corporation, or not a resident of this State, or has departed therefrom with intent to defraud his creditors or to avoid the service of a summons, or...
Страница 408 - The jury found a verdict for the plaintiffs, subject to the opinion of the court, on a case stated.
Страница 143 - Juies, but it is not the same thing. We have shaken off the last remnant of the contrary doctrine. Where the bill has passed to the plaintiff, without any proof of bad faith in him, there is no objection to his title.
Страница 363 - Where the jurisdiction of such court or officer has been exceeded, either as to matter, place, sum or person; 2.
Страница 275 - From the variety of cases relative to judgments being given in evidence in civil suits, these two deductions seem to follow as generally true: first, that the judgment of a court of concurrent jurisdiction, directly upon the point, is as a plea, a bar, or as evidence, conclusive, between the same parties, upon the same matter, directly in question in another court...