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affidavit Albany alleged allowed amended amount answer appeal application assignment attachment attorney authority bank bill of exceptions cause of action Cayuga county certiorari claim Code commenced commissioners common law complaint confession confession of judgment contract costs counsel County Court Court of Chancery court of equity creditors debt debtor decision defendant defendant's demurrer denied dismiss entitled equity evidence execution facts favor fendant filed fraud granted ground held injunction interest irregularity issue judge judgment jurisdiction jury justice Justice.—The Justice's Court land legislature lien mandamus Marquat matter ment misjoinder mortgage motion notes notice objection obtained party payment person place of trial plaint plaintiff pleading possession proceedings provision question recover reference relief Revised Statutes rule served sheriff Special Term specified sufficient suit summons Supreme Court thereof tion verdict verified Welch Jr Wend witnesses writ York
Page 203 - It is an established rule in the exposition of statutes that the intention of the lawgiver is to be deduced from a view of the whole and of every part of a statute taken and compared together. The real intention, when accurately ascertained, will always prevail over the literal sense of terms.
Page 222 - 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 148 - To exercise by its board of directors or duly authorized officers or agents, subject to law, all such incidental powers as shall be necessary to carry on the business of banking; by discounting and negotiating promissory notes, drafts, bills of exchange, and other evidences of debt; by receiving deposits; by buying and selling exchange, coin, and bullion; by loaning money on personal security; and by obtaining, issuing, and circulating notes according to the provisions of this title.
Page 79 - And when, in an action for the recovery of real or personal property, a person, not a party to the action, but having an interest in the subject thereof, makes application to the court to be made a party, it may order him to be brought in by the proper amendment.
Page 349 - ... does not necessarily imply a right to the whole or a part of a thing (nor necessarily and exclusively that White agt. Hudson Rivar Insurance Co. which may be the subject of privation) but the having some relation to, or concern in the subject of the insurance...
Page 333 - From the time of the service of the summons in a civil action, the court shall be deemed to have acquired jurisdiction, and to have control of all the subsequent proceedings. A voluntary appearance of a defendant shall be equivalent to personal service of the summons upon him.
Page 447 - If it be for money due or to become due, it must state concisely the facts out of which it arose, and must show that the sum confessed therefor is justly due, or to become due.
Page 6 - The affidavit may also be made by the agent or attorney, if the action or defence be founded upon a written instrument for the payment of money only, and such instrument be in the possession of the agent or attorney, or if all the material allegations of the pleading be within the personal knowledge of the agent or attorney.
Page 438 - 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.