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affidavit alleged allowed amend amount application assignment attorney authority Bank barratry bill bond and mortgage Cadmus cause of action charge choses in action city of New-York claim clerk Code commenced common law complaint comptroller constitution contract corporation costs counsel county court court of appeals court of chancery court of equity coverture creditors debt decision defendant defendant's demurrer entitled equity evidence execution facts fendant filed foreclosure granted ground held husband indorser intended issued judge judgment jurisdiction jury Justice legislature liable lien ment motion non-resident nonsuit notice objection opinion parties payment person Philander plaintiff possession premises proceedings promissory note provisions question real estate receiver recover referee remittitur resident Richard Busteed rule separate estate sheriff special term statute sufficient suit summons supreme court taxed Taylor and Brennan thereof tion trial verdict Wend wife
Page 496 - ... in its discretion, and upon such terms as may be just, at any time within one year after notice thereof, relieve a party from a judgment, order, or other proceeding, taken against him through his mistake, inadvertence, surprise, or excusable neglect...
Page 53 - The Legislature may, on application of the board of supervisors, provide for the election of local officers, not to exceed two in any county, to discharge the duties of county judge and of surrogate, in cases of their inability, or of a vacancy, and to exercise such other powers, in special cases, as may be provided by law.
Page 79 - Every action must be prosecuted in the name of the real party in interest, except that an executor or administrator, a trustee of an express trust, or a person expressly authorized by statute, may sue, without joining with him the person for whose benefit the action is prosecuted. A person, with whom or in whose name, a contract is made for the benefit of another, is a trustee of an express trust, within the meaning of this section.
Page 325 - January, one thousand eight hundred and fifty, shall be individually responsible to the amount of their respective share or shares of stock in any such corporation or association, for all its debts and liabilities of every kind, contracted after the said first day of January, one thousand eight hundred and fifty.
Page 20 - To give any binding effect to a judgment, it is essential that the court should have jurisdiction of the person, and of the subject matter; and the want of jurisdiction is a matter that may always be set up against a judgment, when sought to be enforced, or when any benefit is claimed under it. The want of jurisdiction makes it utterly void and unavailable for any purpose.
Page 105 - ... provided by law, in relation to the distribution of personal property, left by persons dying intestate; and in every such action the jury may give such damages as they shall deem fair and just, with reference to the pecuniary injury resulting from such death to the wife and next of kin of such deceased person: provided, that every such action shall be commenced within two years after the death of such deceased person.
Page 276 - ... no person shall be deprived of his property without due process of law, because I think it may be disposed of on the first constitutional right or privilege suggested.
Page 395 - ... the amount directed to be paid by the judgment, or the part of such amount as to which the judgment shall be affirmed...