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" In every such case judgment may be rendered upon the right of the defendant, and also upon the right of the party so alleged to be entitled, or only upon the right of the defendant, as justice shall require. "
The Law of Private Corporations: Being the Law of Private Corporations Under ... - Page 96
by John Proffatt - 1876 - 239 pages
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The Revised Statutes of the State of New-York: Passed During the ..., Volume 2

New York (State) - 1829 - 878 pages
...rendered upon the «ucii COM. rj^ of tjie Defendant, an(ja]so Upon the right of the party so averred to be entitled ; or only upon the right of the defendant, as justice shall require. Pr(WMllin^ «5 32. If judgment be rendered upon the right of the person so it Torrohtlr....
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The Revised Statutes of the State of New-York: Passed During the ..., Volume 2

New York (State) - 1829 - 882 pages
...in personal actions. S 31. In every such case, judgment shall be rendered upon the •uc cue. T\ght Of the defendant, and also upon the right of the party so averred to be entitled ; or only upon the right of the defendant, as justice shall require. pmr«Hin...
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The Practice in Civil Actions and Proceedings at Law in ..., Page 144, Volume 2

Elijah Paine - 1830 - 864 pages
...entitled to the office in (jiiestion, with an averment of his right thereto, judgment is required to be rendered upon the right of the defendant, and also upon the right of the party so averred to be entitled; or only upon the right of the defendant, as justice shall require." - 2 R....
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Public and Local Acts of the Legislature of the State of Michigan

Michigan - 1846 - 896 pages
...thereto. Judgment on in- Sac. 4. In every such case judgment shall be rendered upon the ¿i¿¿'o¿t?i'ce. right of the defendant, and also upon the right of the party so entitled; or only upon the right of the defendant, as justice shall require. ?roceedin¿s if Sacx 5....
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First[-Fourth] Report of the Commissioners on Practice and Pleadings ...

New York (State). Commissioners on Practice and Pleadings - 1848 - 904 pages
...civil actions, where the defendant is subject to arrest. § 103. In every such case, judgment shall be rendered upon the right of the defendant, and also...or only upon the right of the defendant as justice shall require. § 104. If judgment be rendered upon the right of the person so alleged to be entitled,...
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The Code of Civil Procedure of the State of New York: Reported ..., Volume 2

New York (State). - 1850 - 920 pages
...actions, where the defendant is subject to arrest. Amended Code, § 435. § 1052. In every such case, judgment may be rendered upon the right of the defendant,...or only upon the right of the defendant, as justice requires. Amended Code, § 436 § 1053. If the judgment be rendered upon the right of the person so...
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The Code of Procedure, as Amended July 10, 1851: With Copious Notes to Each ...

New York (State), Member of the New-York Bar - 1851 - 410 pages
...defendant is subject to arrest. § 436. Judgment in such actions. — In every such case, judgment shall be rendered upon the right of the defendant, and also...or only upon the right of the defendant, as justice shall require. § 437. Assumption of office, (Je., by relator, when judgment is in his favor. — If...
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The Code of Procedure of the State of New York: As Amended by the ...

New York (State). - 1851 - 266 pages
...defendant is subject to arrest. ii*«Sem § 4^' *n everJ such case, judgment shall be rendered action. Up0n the right of the defendant, and also upon the right...or only upon the right of the defendant, as justice shall require. Anump- & 437. If the judgment be rendered upon the right of lion of office, 4c., the...
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The Code of Procedure of the State of New York: As Amended by the ...

New York (State), Henry Strong McCall - 1851 - 244 pages
...judgment shall be rendered j^*™1" upon the right of -the defendant, and also upon the right aeu°°' of the party, so alleged to be entitled, or only upon the ?*•"<* right of the defendant, as justice shall require. § 437. If the judgment be rendered upon the right of AMumpthe person so alleged to...
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The Code of Procedure of the State of New York: As Amended April 16, 1852 ...

New York (State) - 1852 - 606 pages
...defendant is subject to arrest. § e36. Judgment in suck actions. — In every such case, judgment shall be rendered upon the right of the defendant, and also...or only upon the right of the defendant, as justice shall require. § 4-37. Assumption of office, e£e., by relator, when judgment is in his favor. —...
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