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action advance agreement allowed amount answer appear applied assignment authority bank benefit bill bond brought called cause charge claim complaint consideration contract costs counsel court creditors damages death debt decided decision decree deed defendant delivered directed discharge effect entitled equity evidence excepted execution executor existing express facts give given ground hands heir held highway horse intent interest issue John judge judgment jurisdiction jury justice land matter ment mortgage necessary notice objection offered opinion owner paid parties pass payment person plaintiff possession premises present proceedings proof proved provisions purchase question Railroad reason received record recover referee road rule sell sold statute street sufficient suit taken thereof tion town transfer trial trust Wend whole witness
Σελίδα 516 - Of the parties to the action, those who are united in interest must be joined as plaintiffs or defendants; but if the consent of any one who should have been joined as plaintiff cannot be obtained, he may be made a defendant, the reason thereof being stated in the complaint...
Σελίδα 15 - In the following cases every agreement shall be void unless such agreement, or some note or memorandum thereof, be in writing and subscribed by the party to be charged therewith : 1 . Every agreement that, by its terms, is not to be performed within one year from the making thereof.
Σελίδα 447 - When private property shall be taken for any public use, the compensation to be made therefor, when such compensation is not made by the State, shall be ascertained by a jury or by not less than three commissioners appointed by a court of record, as shall be prescribed by law.
Σελίδα 253 - No acknowledgment or promise shall be sufficient evidence of a new or continuing contract, whereby to take the case out of the operation of this title, unless the same is contained in some writing, signed by the party to be charged thereby ; but this section shall not alter the effect of any payment of principal or interest.
Σελίδα 517 - Where the question is one of a common or general interest of many persons, or the parties are very numerous, and it is impracticable to bring them all before the court, one or more may sue or defend for the benefit of all.
Σελίδα 405 - The provisions of the preceding: fifty-first section shall not extend to cases where the alienee named in the conveyance, shall have taken the same as an absolute conveyance, in his own name, without the consent or knowledge of the person paying the consideration, or where such alienee, in violation of some trust, shall have purchased the lands so conveyed, with moneys belonging to another person.
Σελίδα 97 - That in all cases in which any particular number of days, not expressed to be clear days, is prescribed by the rules or practice of the courts, the same shall be reckoned exclusively of the first day and inclusively of the last day...
Σελίδα 149 - It would be inconvenient," says Lord Coke, " that matters in writing made by advice and on consideration, and which finally import the certain truth of the agreement of the parties, should be controlled by averment of the parties to be proved by the uncertain testimony of slippery memory.
Σελίδα 392 - ... if the lord who distrains for rent, or the owner for damage-feasant, works or kills the distress; or if he who enters to see waste breaks the house, or stays there all night; or if the commoner cuts down a tree, in these, and the like cases, the law adjudges that he entered for that purpose; and because the act which demonstrates it is a trespass, he shall be a trespasser ab initio, as it appears in all the said books.