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action affirmed alleged allowed amend amount answer appeal application arrest assignment attachment authority Bank Barb benefit bill bond cause charge claim clerk Code complaint consideration constitution contract corporation costs counsel creditors debts decision defendant demand denied direct duty effect entered entitled established evidence examination exceptions execution fact fees give given granted ground held intended interest issue judge judgment jurisdiction jury justice liable limited matter means ment mortgage motion necessary notice objection opinion owner paid party passed payment person plain plaintiff possession practice present principle proceedings provision purchase question reason receiver recover referred relation rendered respect rule sheriff special term statute sufficient suit Supervisors of Albany supreme court taken tion trial United verdict witness York
Page 85 - 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 75 - Upon receiving a verdict, the clerk shall make an entry in his minutes, specifying the time and place of the trial, the names of the jurors and witnesses, the verdict, and either the judgment rendered thereon, or an order that the cause be reserved for argument or further consideration. If a different direction be not given by the court, the clerk must enter judgment in conformity with the verdict.
Page 345 - On the final passage, in either house of the Legislature, of any act which imposes, continues or revives a tax, or creates a debt or charge, or makes, continues or revives any appropriation of public or trust money or property, or releases, discharges or commutes any claim or demand of the State, the question shall be taken by yeas and nays, which shall be duly entered upon the journals, and three-fifths of all the members elected to either house shall, in all such cases, be necessary to constitute...
Page 430 - Judgment may be given for or against one or more of several plaintiffs, and for or against one or more of several defendants...
Page 74 - The judge who tries the cause may, in his discretion, entertain a motion to be made on his minutes to set aside a verdict and grant a new trial upon exceptions, or for insufficient evidence, or for excessive damages...
Page 282 - Where the trial of an issue of fact shall require the examination of a long account on either side ; in which case the referees may be directed to hear and decide the whole issue, or to report upon any specific question of fact involved therein ; or, 2.
Page 187 - 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.
Page 440 - An appeal must be made, by the service of a notice in •writing on the adverse party, and on the clerk, with whom the judgment or order appealed from is entered, stating the appeal from the same or some specified part thereof.
Page 266 - No acknowledgment or promise shall be sufficient evidence of a new or continuing contract, whereby to take the case out of the operation of this title, unless the same be contained in some writing signed by the party to be charged thereby; but this section shall not alter the effect of any payment of principal or interest.