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affidavit affirmed agreement alleged allowed amended amount answer appeal apply appointed arrest attachment attorney authority Barb bill brought cause of action charge claim clerk Code complaint contract costs court creditors damages debt decision defendant demurrer denied direct District duty effect entered entitled evidence examination execution executors facts favor filed give given granted ground held indictment intent interest issued John judge judgment jurisdiction jury justice matter ment motion moved necessary notice objection obtained opinion paid party payment person plaintiff pleading Police possession present proceedings proof proper provision question reason receiver recover reference relation remedy rendered reversed rule served sheriff Stat statute sufficient suit Supreme Court Supreme Ct surrogate taken term tion trial unless Wend witness York
Page 552 - ... when the question is one of a common or general interest of many persons, or when the parties are very numerous and it may be impracticable to bring them all before the Court, one or more may sue or defend for the benefit of the whole, one action SEC.
Page 244 - ... the plaintiff at the time of issuing the summons, or [at] any time afterwards, may have the property of such defendant or corporation attached, in the manner hereinafter prescribed, as a security for the satisfaction of such judgment as the plaintiff may recover...
Page 535 - ... if the mortgage debt be secured by the covenant or obligation of any person other than the mortgagor, the plaintiff may make such person a party to the action, and the court may adjudge payment of the residue of such debt remaining unsatisfied after a sale of the mortgaged premises against such other person, and may enforce such judgment as in other cases.
Page 535 - But the causes of action, so united, must all belong to one of these classes, and, except in actions for the foreclosure of mortgages, must affect all the parties to the action, and not require different places of trial, and must be separately stated.
Page 327 - That he is the applicant in the foregoing application, that he has read the same and knows the contents thereof, and that the same is true of his own knowledge, except as to the matters therein stated on information and belief, and as to those matters he believes it to be true.
Page 144 - If the action be against defendants severally liable, he may proceed against the defendants served in the same manner as if they were the only defendants.
Page 560 - ... may agree in writing upon a person or persons, not exceeding three, and a reference shall be ordered to him or them, and to no other person or persons. And if such parties do not agree, the court shall appoint one or more referees, not more than three, who shall be free from exception.
Page 100 - Until the judgment against the defendant shall be paid, the sheriff may proceed to collect the notes and other evidences of debt, and the debts that may have been seized or attached, under the warrant of attachment, and to prosecute any bond he may have taken in the course of such proceedings, and apply the proceeds thereof to the payment of the judgment.
Page 581 - But if he testify to any new matter, not responsive to the inquiries put to him by the adverse party, or necessary to explain or qualify his...