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affirmed agent agreement alleged amount answer appeal application association authority Bank bond brought building cause of action charge claim complaint concurred condition consideration considered constitute contract corporation costs counsel court creditors damages defendant defendant's delivered denying determine directed dismissed dollars draft effect entered entitled evidence execution fact favor FEBRUARY TERM follows furnished give given granted ground held intention interest issued judgment jury liability MARCH matter ment mortgage motion necessary negligence notice opinion owner paid parties payment person plaintiff possession premises present proof provisions purchase question reason received recover reference relator respondent result reversed rule SECOND DEPARTMENT Special statement statute street subsequently sufficient Supreme Court taken testimony tion transfer trial trust verdict witness York
Seite 523 - But to this operation of the judgment it must appear, either upon the face of the record or be shown by extrinsic evidence, that the precise question was raised and determined in the former suit.
Seite 92 - This policy shall be canceled at any time at the request of the insured ; or by the company by giving five days' notice of such cancellation. If this policy shall be canceled as hereinbefore provided, or become void or cease, the premium having been actually paid, the unearned portion shall be returned on surrender of this policy or last renewal, this company retaining the customary short rate; except that when this policy is canceled by this company by giving notice it shall retain only the pro...
Seite 547 - A cause of action arising out of the contract or transaction set forth in the complaint as the foundation of the plaintiff's claim, or connected with the subject of the action ; 2.
Seite 263 - A motion to dismiss the complaint for lack of proof had been seasonably made at the close of the plaintiff's case and again at the close of all the evidence, and decision thereon had been reserved, with the consent of the parties, until after verdict.
Seite 474 - If the subsequent crime is such that, upon a first conviction, the offender would be punishable by imprisonment for any term less than his natural life, then such person must be sentenced to imprisonment for a term not less than the longest term, nor more than twice the longest term, prescribed upon a first conviction.
Seite 562 - Mass. 537) it was held that 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, upon principles of law, as well as in reason and common sense, operate to repeal the former.
Seite 67 - An appeal must be taken by serving upon the attorney for the adverse party, and upon the clerk with whom the judgment or order appealed from is entered, by filing it in his office, a written notice to the effect that the appellant appeals from the judgment or order or from a specified part thereof.
Seite 522 - As we understand the rule in respect to the conclusiveness of the verdict and judgment in a former trial between the same parties, when the judgment is used in pleading as a technical estoppel, or is relied on by way of evidence as conclusive per...
Seite 68 - An appeal, authorized by the last section, must be taken within thirty days after service, upon the attorney for the appellant, of a copy of the judgment, and written notice of the entry thereof.