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action affirmed agent agreed agreement alleged allowed amount answer appeal applied assignment authority benefit bond canal cause charge claim competent complaint consideration contract costs counsel debt deed defendant defendant's delivered demand DENIO directed effect entered entitled evidence excepted execution existence fact give given granted ground hands held HOGEBOOM husband indorser intended interest issue JOHNSON judge judgment jury lands latter levy liable license ment mortgage nature necessary never notice objection officer Opinion owner paid parties passed payment performance person plaintiff possession premises present proceedings proved provision purchase question reason received recover referred refused remaining rendered respect respondent rule sold Statement statute sufficient suit Supreme Court taken Term thereof tion trial trust United valid whole wife witness York
Page 546 - Every action must be prosecuted in the name of the real party in interest, except that an executor or administrator, a trustee of an express trust...
Page 149 - The objection, that the action was not commenced within the time limited, can be taken only by answer.
Page 253 - A party to an action may be examined as a witness, at the instance of the adverse party, or of any one of several adverse parties, and for that purpose may be compelled, in the same manner, and subject to the same rules of examination, as any other witness, to testify, either at the trial, or conditionally, or upon commission.
Page 333 - 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 be 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.
Page 370 - Amendment to the Constitution of the United States, which declares that "no person shall be deprived of life, liberty, or property without due process of law.
Page 154 - It is ordered that the paper heretofore filed purporting to be a copy of the last will and testament of said deceased...
Page 230 - In an action or defence founded upon an instrument for the payment of money only, it shall be sufficient for the party to give a copy of the instrument, and to state that there is due to him thereon from the adverse party a specified sum which he claims.
Page 252 - But in trials of any sort they are not allowed to be evidence for, or against, each other: partly because it is impossible their testimony should be indifferent, but principally because of the union of person; and therefore, if they were admitted to be witnesses for each other, they would contradict one maxim of law, "nemo in propria causa testis esse debet...