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action affirmed agreement alleged allowed amount answer APPELLANT application appointed assessment assignment attorney authority Bank Barb bond brought cause claim Code commenced complaint contract costs court damages deceased deed defendant defendant's denying directed disbursements effect entered entitled evidence ex rel execution executor fact favor FOURTH DEPARTMENT give given granted ground held interest issued John judge judgment jury justice land liable Matter ment mortgage motion notice NOVEMBER TERM objection OCTOBER TERM opinion paid party payment person plaintiff possession premises present proceedings prove purchaser question reason received recover referee refused RESPONDENT reversed rule SECOND DEPARTMENT SEPTEMBER TERM Smith Special Term statute taken thereof THIRD DEPARTMENT tion town trial trustees vacated witness York
Page 562 - From the commencement of an action or special proceeding, or the service of an answer containing a counterclaim, the attorney who appears for a party has a lien upon his client's cause of action, claim or counterclaim, which attaches to a verdict, report, decision, judgment or final order In his client's favor and the proceeds thereof in whosoever hands they may come; and the lien cannot be affected by any settlement between the parties before or after Judgment or final order.
Page 328 - Where it appears, from the complaint, that the plaintiff demands, and is entitled to a judgment against the defendant, restraining the commission or continuance of an act, the commission or continuance of which, during the pendency of the action, would produce injury to the plaintiff, an injunction order may be granted to restrain it.
Page 310 - An unconditional promise in writing to accept a bill before it is drawn is deemed an actual acceptance in favor of every person who, upon the faith thereof, receives the bill for value.
Page 230 - ... according to our best information; and that, with the exception of those cases in which the value of the said real estate has been changed by reason of proof produced before us...
Page 189 - No private or local bill, which may be passed by the Legislature, shall embrace more than one subject, and that shall be expressed in the title.
Page 328 - Where it appears, by affidavit, that the defendant, during the pendency of the action, is doing, or procuring, or suffering to be done, or threatens, or is about to do, or to procure, or suffer to be done, an act, in violation of the plaintiff's rights, respecting the subject of the action, and tending to render the judgment ineffectual, an injunction order may be granted to restrain him therefrom.
Page 381 - Appeal from a judgment in favor of the plaintiff, entered upon the verdict of a jury, and from an order denying a motion for a new trial, made upon the minutes of the justice before whom the action was tried.
Page 688 - ... to procure a judgment, directing a conveyance of real property ; and every other action to recover, or to procure a judgment, establishing, determining, defining, forfeiting, annulling, or otherwise affecting, an estate, right, title, lien, or other interest, in real property, or a chattel real.
Page 514 - The principle derived from that source is very plain and simple. It requires equal justice to all. But the equality which is to be observed in relation to the public and to every individual consists in the restricted right to charge, in each particular case of service, a reasonable compensation, and no more. If the carrier confines himself to this, no wrong can be done, and no cause afforded for complaint.
Page 323 - But if the owner intrusts to another, not merely the possession of the property, but also written evidence, over his own signature, of title thereto, and of an unconditional power of disposition over it, the case is vastly different. There can be no occasion for the delivery of such documents, unless it is intended that they shall be used, either at the pleasure of the depositary, or under contingencies to arise. If the conditions...