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action admitted affirmed alleged allowed amended amount answer appellant application assignment attachment authority bill bonds cause charge circumstances claim Code complaint consideration constitution contract counsel court damages decree deed defendant delivered direct district duty effect entered entitled equity error evidence exceptions executed existence fact favor filed follows further give given grant ground held instructions intent interest issue judge judgment jury land March matter ment mortgage motion necessary notice objection obtained opinion original owner paid parties payment performed person petition plaintiff possession premises present proceedings proper prove purchase question railroad reason received record recover referred refused relation rendered respondent rule secure statement statute sufficient suit sustained taken term testimony thereof tion trial verdict witness
Page 443 - That whenever by priority of possession rights to the use of water for mining, agricultural, manufacturing, or other purposes have vested and accrued and the same are recognized and acknowledged by the local customs, laws, and the decisions of courts, the possessors and owners of such vested rights shall be maintained and protected in the same...
Page 752 - In an action by a mortgagee for the foreclosure of his mortgage and sale of the mortgaged property, where it appears that the mortgaged property is in danger of being lost, removed or materially injured, or that the condition of the mortgage has not been performed and that the property is probably insufficient to discharge the mortgage debt.
Page 9 - The rule of the common law, that statutes in derogation thereof are to be strictly construed, has no application to this code. The code establishes the law of this state respecting the subjects to which it relates, and its provisions and all proceedings under it are to be liberally construed, with a view to effect its objects and to promote justice.
Page 725 - In the construction of a pleading for the purpose of determining its effect, its allegations shall be liberally construed, with a view to substantial justice between the parties.
Page 464 - The location must be distinctly marked on the ground so that its boundaries can be readily traced. All records of mining claims hereafter made shall contain the name or names of the locators, the date of the location, and such a description of the claim or claims located by reference to some natural object or permanent monument as will identify the claim.
Page 706 - That suits in equity shall not be sustained in either of the courts of the United States, in any case where plain, adequate and complete remedy may be had at law.
Page 158 - ... with the Constitution of the United States or the constitution of the State of New York.
Page 702 - The former verdict or other decision may be vacated and a new trial granted, on the application of the party aggrieved, for any of the following causes, materially affecting the substantial rights of such party: 1.