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Reports of Cases in Law and Equity in the Supreme Court of the State of New York
Oliver Lorenzo Barbour
Uten tilgangsbegrensning - 1860
action agreement alleged amount answer appear applied assignment authority bank bequest bond cause charge charitable claim commissioners complaint condition constitution construction contract conveyed corporation counsel court covenant damages death debts decision deed defendant delivered devise direction duty effect entered entire entitled evidence exception execution executors existence express fact fund give given grant ground held highway hold intention interest issued judge judgment jury justice land latter lease legislature means mortgage necessary notice object opinion paid parties passed payment perform person plaintiff plank portion possession premises present proved provisions purchase question rail road reason received recover reference relation remain rent respect reversion rule says Smith statute sufficient suit sustained taken term thereof tion town trial trust valid void whole wife witness York
Side 484 - In an action to recover the possession of personal property, judgment for the plaintiff may be for the possession or the value thereof, in case a delivery cannot be had, and damages for the detention. If the property has been delivered to the plaintiff, and the defendant claim a return thereof, judgment for the defendant may be for a return of the property or the value thereof, in case a return cannot be had, and damages for taking and withholding the same.
Side 493 - A cause of action arising out of the contract or transaction set forth in the complaint as the foundation of the plaintiff's claim, or connected with the subject of the action; 2. In an action arising on contract, any other cause of action arising also on contract, and existing at the commencement of the action.
Side 336 - The finding of the referee or commissioner upon the whole issue must stand as the finding of the court, and upon filing of the finding with the clerk of the court, judgment may be entered thereon in the same manner as if the action had been tried by the court.
Side 576 - ... accompanied by a detailed statement thereof, into the treasury of the state to the credit of the general fund.
Side 557 - Such subscription shall be made by the testator in the presence of each of the attesting witnesses, or shall be acknowledged by him, to have been so made, to each of the attesting witnesses.
Side 311 - ... actions at law and suits in equity and the forms of such actions and suits are prohibited by our constitution.
Side 80 - If the action is upon a negotiable promissory note or bill of exchange, which has been assigned to the plaintiff after it became due, a...
Side 558 - There shall be at least two attesting witnesses, each of whom shall sign his name as a witness, at the end of the will, at the request of the testator.
Side 518 - ... road or highway, thus intersected, to its former state, or in a sufficient manner not to unnecessarily impair its usefulness or injure its franchises.