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action agreement alleged amount answer appear applied assignment authority Bank Barb bill bond brought cause charge claim Code complaint condition contained contract corporation costs counsel court creditors damages debt decided deed defendant delivered demand denied determine directed effect entered entitled equity evidence examination exceptions execution existence fact fire firm give given grant ground held insured intent interest issued John judge judgment jury Justice land liability loss matter means MONELL mortgage motion N. Y. Rep necessary notice November objection offered original owner paid party payment person plaintiff possession premises present proof prove purchase question reason received recover refused rendered rule Smith statute sufficient suit sustained taken term thing tion transfer trial verdict Wend White witness writing York
Side 645 - The distinction between actions at law and suits in equity, and the forms of all such actions and suits, heretofore existing, are abolished; and there shall be in this state, hereafter, but one form of action, for the enforcement or protection of private rights and the redress of private wrongs, which shall be denominated a civil action.
Side 708 - The answer of the defendant must contain: 1. A general or specific denial of each material allegation of the complaint controverted by the defendant, or of any knowledge or information thereof sufficient to form a belief. 2. A statement of any new matter constituting a defense or counterclaim, in ordinary and concise language without repetition.
Side 395 - No stockholder shall be personally liable for the payment of any debt contracted by any company formed under this act, which is not to be paid within one year from the time the debt is contracted, nor unless a suit for the collection, of such debt shall be brought against such company, within one year after the debt shall become due...
Side 647 - ... court, or on any execution issuing out of any court of equity, in any suit or proceeding instituted for the recovery of any money due upon any judgment or decree founded upon contract, or due upon any contract express or implied, or for the recovery of any damages for the non-performance of any contract.
Side 676 - A judgment is the final determination of the rights of the parties in the action or proceeding, and may be entered in term or vacation.
Side 47 - America, to -which payment well and truly to be made we bind ourselves, our heirs, executors, and administrators, jointly, and severally, by these presents. Sealed with our seals and dated this day of...
Side 610 - A party to an action may be examined as a witness, at the instance of the adverse party, or of any one of several adverse parties, and for that purpose may be compelled, in the same manner, and subject to the same rules of examination as any other witness, to testify, either at the trial, or conditionally, or upon commission.
Side 464 - The claim of a preemption is not that shadowy right which by some it is considered to be. Until sanctioned by law, it has no existence as a substantive right. But when covered by the law, it becomes a legal right, subject to be defeated only by a failure to perform the conditions annexed to it.
Side 720 - All persons having an interest in the subject of the action and in obtaining the relief demanded...