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action administrator affirmed agreement alleged allowed amount answer appeal application Argued assignment authority Bank brought cause charge circumstances claim Code complaint contract costs counsel court creditors damages death debts deceased decision defendant defendant's denied determined directed effect entered entitled evidence exceptions execution executor fact favor follows further give given granted ground held intended interest issue John judge judgment jury justice land liable March matter ment mortgage motion N. E. Rep N. Y. Supp necessary notice objection opinion owner paid parties payment person plaintiff possession premises present proceedings proof prove question railroad reason received recover reference relator respondent reversed rule share special term statute street sufficient Supreme Court sustained taken term testimony tion trial verdict wife witness York
Seite 560 - But acts done in the proper exercise of governmental powers, and not directly encroaching upon private property, though their consequences may impair its use, are universally held not to be ' a taking ' within the meaning of the constitutional provision.
Seite 389 - The court may determine the controversy, as between the parties before it, where it can do so without prejudice to the rights of others, or by saving their rights ; but where a complete determination of the controversy cannot be had without the presence of other parties, the court must direct them to be brought in.
Seite 377 - ... tending to render the judgment ineffectual, a temporary injunction may be granted, to restrain such act. And where during the pendency of an action, it shall appear by affidavit, that the defendant threatens, or is about to remove, or dispose of his property, with intent to defraud his creditors, a temporary injunction may be granted to restrain such removal or disposition.
Seite 323 - HARLAN seems to be directly in point. • \Ve are of opinion,' said that learned judge, 'that, within the meaning of the statute, tue court, at least when in session, is present in every part of the place set apart for its own use, and for the use of its officers, jurors and witnesses; and misbehavior anywhere in such place is misbehavior in the presence of the court.
Seite 70 - ... in an action brought by the attorney general in the name of the people of the State of California, upon his own information.
Seite 325 - When the contempt is not committed in the immediate view and presence of the court, or judge at chambers, an affidavit shall be presented to the court, or judge, of the facts constituting the contempt, or a statement of the facts by the referees or arbitrators, or other judicial officer.
Seite 444 - Cal. — 34 property which shall pass, by will or by the intestate laws of this state, from any person who may die seized or possessed of the same while a resident of this state, or if such decedent was not a resident of this state at the time of death, which property, or any part thereof, shall be within this state...
Seite 302 - In case of any other transfer of interest, the action may be continued in the name of the original party, or the court may allow the person to whom the transfer is made to be substituted in the action.
Seite 444 - When the transfer is by will or by the intestate laws of this state from any person dying seized or possessed of the property while a resident of the state.
Seite 501 - This policy is made and accepted subject to the foregoing stipulations and conditions, together with such other provisions, agreements, or conditions as may be endorsed hereon or added hereto, and no officer, agent, or other representative of this company shall have power to waive any provision or condition of this policy except such as by the terms of this policy may be the subject of agreement indorsed hereon or added hereto...