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action affirmed agreed agreement alleged allowed amount answer appeal application appointment APRIL TERM assignment authority bank brought cause certificate charge claim clerk Code complaint concurred condition contained contract corporation costs counsel damages death deceased deed defendant defendant's denied determine directed dollars effect entered entitled evidence exceptions executed executor fact favor FIFTH DEPARTMENT firm follows further give given granted ground held intent interest issue judge judgment jury land MARCH TERM matter mortgage motion necessary notes notice objection opinion owner paid parties payment person plaintiff possession premises presented proceeding purchase question railroad reason received recover referred refused relator rendered request respect respondent reversed rule Special Term street Supreme Court taken testified testimony thereof tion trial trustee verdict wife witness York
Page 19 - After hearing the appeal, the court must give judgment, without regard to technical errors or defects or to exceptions which do not affect the substantial rights of the parties.
Page 31 - In an action brought by or against a corporation, the complaint must aver that the plaintiff, or the defendant, as the case may be, is a corporation ; must state •whether it is a domestic corporation or a foreign corporation ; and, if the latter, the State, country, or government, by or under whose laws it was created.
Page 337 - Seizes, confines, inveigles or kidnaps another, with intent to cause him, without authority of law, to be secretly confined or imprisoned within this state, or to be sent out of the state, or to be sold as a slave, or in any way held to service or kept or detained against his will ; or, 2.
Page 394 - ... and the route to which it is proposed to alter the same, and after hearing the parties, to affirm the route originally designated, or adopt the proposed alteration thereof, as may be consistent with the just rights of all parties and the public...
Page 497 - ... between the hours of seven o'clock in the morning and seven o'clock in the evening, on any day except Sunday...
Page 353 - ... in case of such discontinuance of the employment of the contractor he shall not be entitled to receive any further payment under this contract until the said work shall be wholly finished...
Page 334 - A subsequent statute revising the whole subject-matter of a former one, and evidently intended as a substitute for it, although it contains no express words to that effect, must on principles of law, as well as in reason and common sense, operate to repeal the former.
Page 239 - But no law shall authorize the construction or operation of a street railroad except upon the condition that the consent of the owners of one-half in value of the property bounded on, and the consent also of the local authorities having the control of, that portion of a street or highway upon which it is proposed to construct or operate such railroad be first obtained...
Page 332 - ... shall be commenced within one year after the cause of action therefor shall have accrued, nor unless notice of the intention to commence such action and of the time and place at which the injuries were received shall have been filed with the counsel to the corporation, or other proper law officer thereof within six months after such cause of action shall have accrued.
Page 353 - ... the expense incurred by the Owner in finishing the work, such excess shall be paid by the Owner to the Contractor ; but if such expense shall exceed such unpaid balance, the Contractor shall pay the difference to the Owner . The expense Incurred by the Owner as herein provided, either for furnishing materials or for finishing the work, and any damage Incurred through such default, shall be audited and certified by the Architect, whose certificate thereof shall be conclusive upon the parties.