The Code of civil procedure, and the Criminal statutes. Approved by the General assembly of 1893. Also the constitutions of the United States and of the state, and the rules of the Supreme and of the Circuit courts of the stateC.A. Calvo, jr., state printer, 1894 - Court rules |
From inside the book
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Page lx
... notice of appeal : Provided , Motion to re- however , That upon it being made to appear to the satisfaction of this Court that such default on the part of the appellant has arisen from some excusable neglect , he may , on motion , upon ...
... notice of appeal : Provided , Motion to re- however , That upon it being made to appear to the satisfaction of this Court that such default on the part of the appellant has arisen from some excusable neglect , he may , on motion , upon ...
Page lxi
... notice to the opposite party , apply to one of the Justices of this Court for an order that defects . the appellant cause a further return to be made without delay . Remedy for guardians ad tives of deceas- IV . The attorneys and ...
... notice to the opposite party , apply to one of the Justices of this Court for an order that defects . the appellant cause a further return to be made without delay . Remedy for guardians ad tives of deceas- IV . The attorneys and ...
Page lxi
... notice of appeal : Provided , Motion to re- however , That upon it being made to appear to the satisfaction of this Court that such default on the part of the appellant has arisen from some excusable neglect , he may , on motion , upon ...
... notice of appeal : Provided , Motion to re- however , That upon it being made to appear to the satisfaction of this Court that such default on the part of the appellant has arisen from some excusable neglect , he may , on motion , upon ...
Page lxi
... notice to the opposite party , apply to one of the Justices of this Court for an order that defects . the appellant cause a further return to be made without delay . Remedy for guardians ad tives of deceas- IV . The attorneys and ...
... notice to the opposite party , apply to one of the Justices of this Court for an order that defects . the appellant cause a further return to be made without delay . Remedy for guardians ad tives of deceas- IV . The attorneys and ...
Page lxiii
... notice in writing , require the service of such copies within ten days after the service of the notice ; and if the copies be not served in pursuance of such notice , the appellant shall be deemed to have waived the appeal ; and on an ...
... notice in writing , require the service of such copies within ten days after the service of the notice ; and if the copies be not served in pursuance of such notice , the appellant shall be deemed to have waived the appeal ; and on an ...
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Common terms and phrases
adverse possession affidavit alleged amended answer appeal apply appointed arrest attachment attorney bail cause of action CHAPTER charge Circuit Court civil action claim Clerk commenced committed Common Pleas complaint contract conviction thereof copy corporation costs counter-claim County Court of Common damages debt deemed guilty defendant deliver demurrer discretion docketed duty entitled exceeding execution fact felony filed granted habeas corpus holding Courts imprisonment indictment injury issue jail Judge judgment debtor jurisdiction jury larceny liable lien liquors manner ment misdemeanor Monday motion notice oath offense payment Penalty Penitentiary perjury person or persons personal property plaintiff pleading prescribed prisoner Probate Court proceedings prosecution provisional remedy punished real property recover referee refuse rules Section Sessions statute Strob Subdiv summons Supreme Court sureties term therein thirty days tion transcript Trial Justice undertaking unless verdict violating warrant willfully witness writ
Popular passages
Page 66 - the court may, before or after judgment, in furtherance of justice, and on such terms as may be proper, amend any pleading, process, or proceeding, by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect...
Page 55 - 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.
Page 39 - An action against a sheriff or coroner upon a liability incurred by the doing of an act in his official capacity, and in virtue of his office, or by the omission of an official duty; including the non-payment of money collected upon an execution.
Page 39 - ... when the question is one of a common or general interest of many persons, or when the parties are numerous and it is impracticable to bring them all before the court, one or more may sue or defend for the benefit of all.
Page 41 - The court may determine any controversy between parties before it, when it can be done without prejudice to the rights of others, or by saving their rights; but when a complete determination of the controversy cannot be had without the presence of other parties, the court must then order them to be brought in.
Page 87 - ... 5. In the cases when a corporation has been dissolved, or is insolvent, or in imminent danger of insolvency, or has forfeited its corporate rights; 6.
Page 60 - In pleading the performance of conditions precedent in a contract, it shall not be necessary to state the facts showing such performance ; but it may be stated generally that the party duly performed all the conditions on his part...
Page 39 - Within the age of twenty-one years; or 2. Insane; or 3. Imprisoned on a criminal charge, or in execution under the sentence of a criminal court, for a term less than his natural life ; or 4.
Page 44 - The court may, on motion, change the place of trial in the following cases: 1. When the county designated in the complaint is not the proper county; 2. When there is reason to believe that an impartial trial cannot be had therein; 3. When the convenience of witnesses and the ends of justice would be promoted by the change: 4.
Page 62 - ... (5) injuries to character; (6) injuries to person; (7) injuries to property. The causes of action so united must all belong to one only of these classes, and must affect all the parties to the action, and not require different places of trial, and must be separately stated...