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action affirmed alleged allowed amendment amount answer appeal Appellate Division application authority bill Brooklyn Daily Eagle brought cause of action City Civil Procedure claim Code of Civil Company compel complaint consent constitution construction contract corporation costs counsel County court Decided decree defendant denied determine direct directors duty effect entered entitled established et al evidence examination execution executors facts filed final follows furnished give given granted ground held intention interest issue Judge judgment jurisdiction jury justice Legislature lien marriage materials Matter mayor ment Misc motion necessary notice objection opinion particulars party performed person plaintiff pleading presented proceedings proof provisions question reason received recover reference relating respect respondent reversed rule seal Special Term statute sufficient taken term testimony thereof tion trial trust valid wife witness York
252. lappuse - That no will shall be valid unless it shall be in writing and executed in manner herein-after mentioned ; (that is to say,) it shall be signed at the foot or end thereof by the testator, or by some other person in his presence and by his direction; and such signature shall be made or acknowledged by the testator in the presence of two or more witnesses present at the same time, and such witnesses shall attest and shall subscribe the will in the presence of the testator, but no form of attestation...
138. lappuse - The deposition of a party to an action pending in a court of record or of a person who expects to be a party to an action about to be brought in such a court...
109. lappuse - Marriage, so far as its validity in law is concerned, is a civil contract, to which the consent of parties capable in law of contracting is essential.
204. lappuse - ... from collecting or receiving any debt or demand, and from paying out, or in any way transferring or delivering, to any person, any money, property, or effects of the corporation, during the pendency of the action ; except by express permission of the court.
100. lappuse - By the law of the land is most clearly intended the general law ; a law which hears before it condemns ; which proceeds upon inquiry, and renders judgment only after trial. The meaning is, that every citizen shall hold his life, liberty, property, and immunities under the protection of the general rules which govern society. Everything which may pass under the form of an enactment is not therefore to be considered the law of the land.
165. lappuse - Where a judgment has been recovered and where an execution issued upon said judgment has been returned wholly or partly unsatisfied, and where any wages, debts, earnings, salary, income from trust funds or profits are due and owing to the judgment debtor or shall thereafter become due and owing to him, to the amount of twelve dollars or more per week...
80. lappuse - But no such application shall be made by a defendant unless leave to make the same shall have been previously granted by the court by order made upon or without notice as the court in its discretion may deem proper after presentation to the court of satisfactory proof that justice requires that such an application should be entertained.
109. lappuse - But it appears to me to be something more than a mere contract. It is rather to be deemed an institution of society, founded upon the consent and contract of the parties ; and in this view it has some peculiarities in its nature, character, operation, and extent of obligation, different from what belongs to ordinary contracts.