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54 Barb action agent agreement alleged allowed amount answer appear applied appointed assignee attachment attorney authority bank benefit brought called cause charge claim complaint constitution contract corporation costs counsel court creditors damages debt decision defendant delivered demand determined direct directors duty effect election entitled equity evidence examination execution express fact further give given granted ground held injunction intent interest issue judge judgment jury justice Keyes land liable matter meeting ment mortgage motion necessary notice objection opinion owner paid party payment person plaintiff possession premises present proceedings proof proper prove provisions purchase question reason receiver recover referee refused relation rendered respect rule statute stockholders street sufficient suit taken term tion town trial trust valid witness York
Page 362 - ... 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, or a person expressly authorized by statute, may sue, without joining with him the person for whose benefit the action is prosecuted. A person with whom or in whose name a contract is made for the benefit of another is a trustee of an express trust, within the meaning of this section.
Page 40 - When a married woman is a party, her husband must be joined with her, except that, 1. When the action concerns her separate property, she may sue alone ; 2. When the action is between herself and her husband, she may sue or be sued alone.
Page 221 - ... that the same is true of his own knowledge, except as to matters therein stated to be alleged upon information and belief, and that as to those matters he believes it to be true.
Page 201 - Claimant without deduction; and at such Time or Times, and at such Place or Places, as shall...
Page 86 - any married female may take by inheritance or by gift, grant, devise, or bequest, from any person other than her husband, and hold to her sole and separate use, and convey and devise, real and personal property, or any interest or estate therein, and the rents, issues, and profits thereof, in the same manner and with like effect as if she were unmarried, and the same shall not be subject to the disposal of her husband, or be liable for his debts.
Page 158 - But in the case before us the object of taxation is not the franchise of the bank, but property created, or contracts made and issued under the franchise, or power to issue bank bills. A railroad company, in the exercise of its corporate franchises, issues freight receipts, bills of lading, and passenger tickets; and it cannot be doubted that the organization of railroads is quite as important to the state as the organization of banks. But it will hardly be questioned that these contracts of the...
Page 346 - States; nor shall a writ of injunction be granted to stay proceedings in any court of a state...
Page 159 - It cannot be doubted that under the Constitution the power to provide a circulation of coin is given to Congress. And it is settled, by the uniform practice of the Government and by repeated decisions, that Congress may constitutionally authorize the emission of bills of credit.