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action affidavit agree agreement alleged allowed amount answer appeal application appointed assignment authority Bank bill bond brought cause charge claim Code common complaint contract corporation costs counsel court damages death decision defendant delivered determined direct duty effect entered entitled equity evidence execution express facts favor filed follows give given granted ground held hold intent interest issue judge judgment jurisdiction jurors jury land liability lien matter ment mortgage motion necessary notice objection obtained opinion paid party payment performance person plaintiff present proceedings proper purchase question reason received recover reference relator rendered returned rule served sheriff special term statute sufficient suit taken term thereof tion trial trustees verdict witness York
Seite 316 - An action is an ordinary proceeding in a court of justice, by which a party prosecutes another party for the enforcement or protection of a right, the redress or prevention of a wrong, or the punishment of a public offence. § 3. Every other remedy is a special proceeding.
Seite 206 - From a deliberate and premeditated design to effect the death of the person killed, or of another; or, 2. By an act imminently dangerous to others, and evincing a depraved mind, regardless of human life, although without a premeditated design to effect the death of any individual; or without a design to effect death, by a person engaged in the commission of, or in an attempt to commit a felony, either upon or affecting the person killed or otherwise; or, 3.
Seite 207 - When committed by accident and misfortune, in lawfully correcting a child or servant, or in doing any other lawful act by lawful means, with usual and ordinary caution, and without any unlawful intent; 2.
Seite 520 - A party to an action may be examined as a witness, at the instance of the adverse party, or of any one of several adverse parties, and for that purpose may be compelled, in the same manner, and subject to the same rules of examination, as any other witness, to testify, either at the trial, or conditionally, or upon commission.
Seite 201 - In short, the person to whom letters are addressed has but a limited right or special property (if I may so call it) in such letters as a trustee, or bailee for particular purposes, either of information or of protection or of support of his own rights and character.
Seite 207 - ... a design to effect death, by the act, procurement, or culpable negligence of...
Seite 441 - To which he is a party, or in which he is interested; 2. When he is related to either party by consanguinity or affinity within the third degree, computed according to the rules of law; 3.
Seite 611 - States, he or they may make and file a petition in such suit in such state court before or at the term at which said cause could be first tried, and before the trial thereof...
Seite 311 - If the application be made upon affidavits on the part of the defendant, but not otherwise, the plaintiff may oppose the same by affidavits or other proofs, in addition to those on which the order of arrest was made.— 1873-306.