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action administrator affidavit allowed amount answer appeal application appointed attachment attorney authorized bond cause certified CHAPTER city and county civil claim clerk commenced complaint copy corporation costs damages defendant deposited determine direct discharge dollars duties effect election entered entitled evidence examination execution executor fact fees filed five give given granted guardian hearing hold hundred interest issued judge judgment jurisdiction jurors jury justice letters lien manner matter ment motion necessary notice oath otherwise paid party payment peace pending perform person petition plaintiff pleadings possession probation proceed proceedings real property reason receive record recover rendered residence respective Section Section served session sheriff specified sufficient summons superior court supreme court sureties taken therein thereof tion trial undertaking unless witness writ writing written
Page 76 - 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 order them to be brought in.
Page 90 - The court may in furtherance of justice, and on such terms as may be proper, allow a party to amend any pleading 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; and may, upon like terms, enlarge the time for answer or demurrer.
Page 65 - For the purpose of constituting an adverse possession by any person claiming a title founded upon a written instrument, or a judgment or decree, land is deemed to have been possessed and occupied in the following cases: 1. Where it has been usually cultivated or improved; 2.
Page 121 - After the jury have retired for deliberation, if there be a disagreement between them as to any part of the testimony, or if they desire to be informed of any point of law arising in the cause, they may require the officer to conduct them into court. Upon their being brought into court, the information required must be given in the presence of, or after notice to, the parties or counsel.
Page 74 - Any person may be made a defendant who has or claims an interest in the controversy adverse to the plaintiff, or who is a necessary party to a complete determination or settlement of the question involved therein.
Page 94 - ... to the effect that they are bound in the amount mentioned in the order of arrest, that the defendant shall at all times render himself amenable to the process of the court during the pendency of the action, and to such as may be issued to enforce the judgment therein...
Page 74 - Persons severally liable upon the same obligation or instrument, including the parties to bills of exchange and promissory notes, and sureties on the same or separate instruments, may all, or any of them, be included in the same action, at the option of the plaintiff.
Page 61 - Where the person on whom service is to be made resides out of the state ; or has departed from the state ; or cannot, after due diligence, be found within the state ; or conceals himself to avoid the service of summons...
Page 12 - Court shall also have power to issue writs of mandamus, certiorari, prohibition, and habeas corpus, and all other writs necessary or proper to the complete exercise of its appellate jurisdiction. Each of the Justices shall have power to issue writs of habeas corpus to any part of the State, upon petition by or on behalf of any person held in actual custody, and may make such writs returnable before himself, or the Supreme Court, or before any Superior Court in the State, or before any Judge thereof.
Page 85 - A statement of any new matter constituting a defense or counterclaim, in ordinary and concise language, without repetition." See. 171. The counterclaim mentioned in the last section must be one existing in favor of a defendant and against a plaintiff, between whom a several judgment might be had in the action, and arising out of one of the following causes of action: "1.