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affidavit Albany Special Term alleged allowed amended code amount answer application assessment assessors bill of exceptions brought cause of action certiorari Chancery change the place circuit claim clause clerk commenced common law complaint contract costs counsel Court of Appeals Court of Chancery debtor decided decision declaration decree defendant in error defendant's demurrer denied disbursements dismiss endorsed entered entitled equity evidence execution facts fendant filed granted ground held Horace Gray issue judge judgment judgment debtor jurisdiction jury justice Justice.—The lands Legislature matter ment merits mortgage motion notice objection Paige payment person place of trial plaintiff in error plaintiff's attorney plea pleading premises proceedings provisions question recover referee reference remittitur Rensselaer residence Revised Statutes rule scire facias security for costs served sheriff subpoena suit summons Supreme Court surety thereof tiff tion verdict Wend witnesses
Page 105 - ... the Constitution of the United States which prohibits a State from passing any law impairing the obligation of a contract.
Page 58 - It is a familiar canon of construction that a thing which is within the intention of the makers of a statute is as much within the statute as if it were within the letter; and a thing which is within the letter of the statute is not within the statute unless it be within the intention of the makers.
Page 109 - No member of this State shall be disfranchised, or deprived of any of the rights or privileges secured to any citizen thereof, unless by the law of the land, or the judgment of his peers.
Page 157 - In all cases of a verification of a pleading, the affidavit of the party must state that the same is true of his own knowledge, except as to the matters which are therein stated on his information or belief, and as to those matters that he believes it to be true...
Page 32 - Where 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 some act, the commission or continuance of which, during the litigation, would produce great or irreparable injury to the plaintiff...
Page 110 - Private roads may be opened in the manner to be prescribed by law ; but in every case the necessity of the road and the amount of all damage to be sustained by the opening thereof shall be first determined by a jury of freeholders, and such amount, together with the expenses of the proceeding, shall be paid by the person to be benefited.
Page 20 - The court may, before, or after judgment, in furtherance of justice, and on such terms as may be proper, amend any pleading, process, or proceeding, by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect, or by inserting other allegations material to the case, or, when the amendment does not change substantially the claim or defense, by conforming the pleading or proceeding to the facts proved.
Page 121 - A statement of the facts constituting the cause of action, in ordinary and concise language, without repetition, and in such a manner as to enable a person of common understanding to know what is intended.
Page 12 - This statute is in derogation of the common law, therefore it is not to be extended by implication or construction. "As a rule of exposition, statutes are to be construed in reference to the principles of the common law ; for it is not to be presumed that the legislature intended to make any innovation upon the common -law, further than the case absolutely required. The law rather infers that the act did not intend to make any alteration other than what is specified, and besides what has been plainly...