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affidavit agreement Albany Northern Railroad alleged amount appear application assignment authority averred Barb bill bona fide purchaser cause of action certiorari claim complaint contract conveyance conveyed corporation costs counsel court court of chancery court of equity creditors damages debt debtor decree deed defendant defendant's demurrer entitled equity evidence executed executors fact fendant flax foreclosure fraud fraudulent granted GRIDLEY ground heirs held Henry Worrall indorser injunction intention interest John judge judgment jurisdiction jury justice land liable ment mortgage New-York nonsuit notice objection owner paid parties payable payment person plaintiff possession premises proceedings promissory note proof proved provisions purchase purpose question railroad real estate received recover reference road rule Schenectady County special term statute sufficient suit surrogate testator thereof tiff tion trial trust Utica verdict void Wadsworth Wend witness
Page 36 - Any person may be made a defendant who has or claims an interest in the controversy adverse to the plaintiff, or who is a necessary party to a complete determination or settlement of the question involved therein.
Page 57 - Be it therefore enacted . . . that whensoever the death of a person shall be caused by wrongful act, neglect, or default, and the act, neglect, or default is such as would (if death had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof...
Page 41 - Persons severally liable upon the same obligation or instrument, including the parties to bills of exchange and promissory notes, and sureties on the same or separate instruments, may all or any of them be included in the same action, at the option of the plaintiff...
Page 182 - Bell in his hands sufficient to pay the bill, and the defendant gave rebutting evidence. The defendant moved for a nonsuit, on the ground that there was no acceptance in writing, and because the defendant positively refused to accept the bill.
Page 529 - When it appears by the complaint that the plaintiff is entitled to the relief demanded, and such relief, or any part thereof consists in restraining the commission or continuance of the act complained of, either for a limited period or perpetually; 2.
Page 275 - Unless the buyer shall accept and receive part of such goods, or the evidences, or some of them, of such things in action ; or, — 3. Unless the buyer shall at the time, pay some part of the purchase money.
Page 40 - If all the defendants have been served, judgment may be taken against any or either of them severally, when the plaintiff would be entitled to judgment against such defendant or defendants if the action had been against them or any of them alone.
Page 647 - ... remain unpaid, and that he has not, upon diligent inquiry, been able to discover any goods or chattels, belonging to, or in the possession of the persons charged with, or liable to pay such sums, whereon he could levy the same, he shall be credited by the county treasurer with the amount thereof.
Page 44 - Upon an appeal from a judgment or order, the appellate court may reverse, affirm, or modify the judgment or order appealed from, in the respect mentioned in the notice of appeal, and as to any or all of the parties ; and may set aside or confirm, or modify any or all of the proceedings subsequent to or dependent upon such judgment or order, and may, if necessary or proper, order a new trial.