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affidavit agt The Mayor alleged Allis answer appeal application appointed Aronson assignment attachment attorney authority Bank agt Barb benefit bond cause of action choses in action cited Civil Procedure claim Code of Civil commissioners common law Company agt complaint contract corporation costs counsel creditors damages death debt deceased declarations defendant defendant's denied drafts Emil Hirsch entitled evidence ex rel executor fact Farrell Company favor filed fund given granted ground guardian guardian ad litem held Herkimer County husband insolvent interpleader issued Josephine Wilson judge judgment jury liable lien marriage ment motion notice O'Dea officers opinion order of arrest paid party payment person Peyster plaintiff proceedings purpose question recover referred respondent rule sheriff Smith special term statute summons SUPREME COURT testator thereof tion trial trustees Ulster County vacate verdict Walkill Valley Railroad wife York
Page 352 - The trial by jury, in all cases in which it has been heretofore used, shall remain inviolate forever. But a jury trial may be waived by the parties in all civil cases, in the manner to be prescribed by law.
Page 387 - No such partnership shall be deemed to have been formed, until a certificate shall have been made, acknowledged, filed and recorded, nor until an affidavit shall have been filed as above directed. And if any false statement be made in such certificate, or affidavit, all the persons interested in such partnership shall be liable for all the engagements thereof, as general partners.
Page 178 - In an action upon contract, express or implied, other than a promise to marry, where it is alleged in the complaint that the defendant was guilty of a fraud in contracting or incurring the liability...
Page 55 - ... in the absence of any express or implied warranty that the thing shall exist, the contract is not to be construed as a positive contract, but as subject to an implied condition that the parties shall be excused in case, before breach, performance becomes impossible from the perishing of the thing without default of the contractor.
Page 115 - A competent witness shall not be excused from answering a relevant question, on the ground only that the answer may tend to establish the fact that he owes a debt, or is otherwise subject to a civil suit.
Page 55 - ... continuing existence as the foundation of what was to be done ; there, in the absence of any express or implied warranty that the thing shall exist, the contract is not to be construed as a positive contract, but as subject to an implied condition that the parties shall be excused in case, before breach, performance...
Page 546 - ... in the sum not less than two hundred dollars and not exceeding the amount claimed by the plaintiff, with sufficient sureties, to the effect that if the defendant recovers judgment, the plaintiff will pay all costs that may be awarded to the defendant and all damages which he may sustain by reason of the attachment...
Page 62 - The damages, sustained by reason of an injunction, may be ascertained and determined by the court, or by a referee, appointed by the court, or by a writ of inquiry or otherwise as the court shall direct ; and the decision of the court thereupon, or an order confirming the report of the referee, is conclusive, as to the amount of those damages, upon all the persons who have executed the undertaking, unless it is reversed upon appeal. The court...