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action administrator affirmed agreement alleged allowed amount answer appeal application Argued assignment authority Bank brought cause charge circumstances claim Code complaint contract costs counsel court creditors damages death debts deceased decision defendant defendant's denied determined directed effect entered entitled evidence exceptions execution executor fact favor follows further give given granted ground held intended interest issue John judge judgment jury justice land liable March matter ment mortgage motion N. E. Rep N. Y. Supp necessary notice objection owner paid parties payment person plaintiff possession premises present proceedings proof prove question railroad reason received recover reference relator rendered respondent reversed rule share special term statute street sufficient Supreme Court sustained taken term testimony tion trial verdict wife witness York
Page 499 - ... no officer, agent, or other representative of this company shall have power to waive any provision or condition of this policy except such as by the terms of this policy may be the subject of agreement indorsed hereon or added hereto, and as to such provisions and conditions no officer, agent, or representative shall have such power or be deemed or held to have waived such provisions or conditions unless such waiver, if any, shall be written upon or attached hereto, nor shall any privilege or...
Page 375 - ... tending to render the judgment ineffectual, a temporary injunction may be granted, to restrain such act. And where during the pendency of an action, it shall appear by affidavit, that the defendant threatens, or is about to remove, or dispose of his property, with intent to defraud his creditors, a temporary injunction may be granted to restrain such removal or disposition.
Page 558 - But acts done in the proper exercise of governmental powers, and not directly encroaching upon private property, though their consequences may impair its use, are universally held not to be ' a taking ' within the meaning of the constitutional provision.
Page 329 - And any married woman may bring and maintain an action in her own name, for damages against any person or body corporate, for any injury to her person or character, the same as if she were sole...
Page 387 - The court may determine the controversy, as between the parties before it, where it can do so without prejudice to the rights of others, or by saving their rights ; but where a complete determination of the controversy cannot be had without the presence of other parties, the court must direct them to be brought in.
Page 68 - ... in an action brought by the attorney general in the name of the people of the State of California, upon his own information.
Page 470 - But the plaintiff is not entitled to a judgment, establishing a lost or destroyed will, as prescribed in this article, unless the will was in existence, at the time of the testator's death, or was fraudulently destroyed in his life-time ; and its provisions are clearly and distinctly proved by at least two credible witnesses, a correct copy or draft being equivalent to one witness.
Page 323 - When the contempt is not committed in the immediate view and presence of the court, or judge at chambers, an affidavit shall be presented to the court, or judge, of the facts constituting the contempt, or a statement of the facts by the referees or arbitrators, or other judicial officer.
Page 442 - Cal. — 34 property which shall pass, by will or by the intestate laws of this state, from any person who may die seized or possessed of the same while a resident of this state, or if such decedent was not a resident of this state at the time of death, which property, or any part thereof, shall be within this state...