Practice Reports in the Supreme Court and Court of Appeals, Том 14Joel Munsell, 1857 |
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... equity - one of whose funda- mental rules was , and still is , that a suitor , coming for relief , must come with clean hands . Does the plaintiff present him- self in that attitude ? He asks the court not only to disbelieve his sworn ...
... equity - one of whose funda- mental rules was , and still is , that a suitor , coming for relief , must come with clean hands . Does the plaintiff present him- self in that attitude ? He asks the court not only to disbelieve his sworn ...
Страница 32
... equity of redemption is undoubtedly a necessary party to a suit for the foreclosure of a mortgage . And the objection of the want of such party can be taken by the mortgagor who has parted with his equity of re- demption ; because he is ...
... equity of redemption is undoubtedly a necessary party to a suit for the foreclosure of a mortgage . And the objection of the want of such party can be taken by the mortgagor who has parted with his equity of re- demption ; because he is ...
Страница 33
... equity of redemption were not a party . No title could be made that would not be defeas- ible by the person in whom this equity of redeeming the mort- gage remained not barred or destroyed . I do not understand that this proposition is ...
... equity of redemption were not a party . No title could be made that would not be defeas- ible by the person in whom this equity of redeeming the mort- gage remained not barred or destroyed . I do not understand that this proposition is ...
Страница 34
Nathan Howard (Jr.) Hall agt . Nelson . the equity of redemption by an unrecorded deed , and the effect of the subsequent recording of the deed upon the title of a purchaser , at a sale by virtue of a judgment in this action . The ...
Nathan Howard (Jr.) Hall agt . Nelson . the equity of redemption by an unrecorded deed , and the effect of the subsequent recording of the deed upon the title of a purchaser , at a sale by virtue of a judgment in this action . The ...
Страница 35
... equity of redemption on record , made before this suit was brought , and the grantee in which was not a party here , he would find an equity of redemption which this judgment did not foreclose , and a deed which his subsequent ...
... equity of redemption on record , made before this suit was brought , and the grantee in which was not a party here , he would find an equity of redemption which this judgment did not foreclose , and a deed which his subsequent ...
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affidavit Albany Albany Northern Railroad alleged allowed amend amount answer appear application arrest authority books and papers Canandaigua cause of action certiorari City of Rochester claim Clarke agt Code commenced common law complaint Conover agt constitution contract corporation costs court of equity creditors damages debt decided decision defendant defendant's delivered demurrer denied Devlin duly effect entitled equity eviction evidence execution facts fendant foreclosure granted ground held indorser injunction insured issue judge judgment jurisdiction jury Justice landlord lands legislature liable lien matter ment mortgage motion New-York notice nunc pro tunc opinion party payment person plain plaintiff pleading possession premises proceedings promissory note provisions purchase question Railroad Company received recover referred rent Revised Statutes rule Seneca Nation sheriff Special Term sufficient suit summons SUPREME COURT tenant thereof tiff tion trial void wife writ
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Страница 311 - Angeles, ss. being duly sworn, says: That he is the applicant in the foregoing application, that he has read the same and knows the contents thereof, and that the same is true of his own knowledge, except as to the matters therein stated on information and belief, and as to those matters he believes it to be true.
Страница 497 - Within twenty days after a pleading, or the answer or demurrer thereto, is served, or at any time before the period for answering it expires, the pleading may be once amended by the party, of course, without costs, and without prejudice to the proceedings already had.
Страница 541 - From time to time to borrow such sums of money as may be necessary for completing and finishing or operating their railroad, and to issue and dispose of their bonds for any amount so borrowed, and to mortgage their corporate property and franchises to secure the payment of any debt contracted by the company for the purposes aforesaid...
Страница 545 - To purchase, hold and use all such real estate and other property as may be necessary for the construction and maintenance of its railroad, and the stations and other accommodations necessary to accomplish the objects of its incorporation; but nothing herein contained shall be held as repealing, or in any way affecting the act entitled " An act authorizing the construction of railroads upon Indian lands,
Страница 207 - The Legislature may at any time, after the approval of such law by the people, if no debt shall have been contracted in pursuance thereof, repeal the same...
Страница 207 - No such law shall take effect until it shall, at a general election, have been submitted to the people, and have received a majority of all the votes cast for and against it, at such election.
Страница 218 - It shall be the duty of the Legislature to provide for the organization of cities and incorporated villages, and to restrict their power of taxation, assessment, borrowing money, contracting debts, and loaning their credit, so as to prevent abuses in assessments and in contracting debts by such municipal corporations.
Страница 433 - The court may likewise, in its discretion, and upon such terms as may be just, allow an answer or reply to be made, or other act to be done, after the time limited by this act, or, by an order, enlarge such time...
Страница 543 - When any thing is granted, all the means to attain it, and all the fruits and effects of it, are granted also, and shall pass inclusive, together with the thing, by the grant of the thing itself, without the words cum pertinentiis, or any such like words. Cuicunque aliquid conceditur, conceditur etiam et id sine quo res ipsa non esse potuit.
Страница 303 - Laws of 1874, it is provided that "whenever any power, authority or duty is confided by law to three or more persons, and whenever three or more persons or officers are authorized or required by law to perform any act, such act may be done, and such power, authority or duty may be exercised and performed by a majority of such persons or officers, upon a meeting of all the persons or officers so intrusted or empowered, unless special provision is otherwise made...