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action affirmed agreement alleged allowed amount answer appeal application appointed assignment attorney authority Bank Barb bond brought cause charge claim Code commenced complaint contract costs court damages deceased deed defendant defendant's denying directed disbursements DYKMAN effect entered entitled evidence ex rel examination execution executor fact favor FOURTH GILBERT give given granted ground guardian held interest issued John judge judgment jury justice land Matter ment mortgage motion notice November OCTOBER opinion paid parties payment person plaintiff possession premises present proceedings proof proved purchased question reason received recover referee respect RESPONDENT reversed rule SECOND DEPARTMENT SEPTEMBER TERM Smith statute sufficient taken thereof THIRD DEPARTMENT tion town trial trustees witness Wood York
Page 578 - 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 346 - 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 328 - 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 248 - ... 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 207 - 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 346 - 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 399 - 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 706 - ... 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 532 - 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 341 - 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...