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action affirmed agreement alleged amount answer appeal application appointed assignment attachment authority bank bill bond cause charge claim Code Company complaint condition considered constitution contention contract corporation counsel creditors damages decree deed defendant denied determine direct district court effect entered entitled error evidence exceptions execution existence facts fendant filed follows further give given ground held instructions intention interest issue judge judgment jury land lien March matter ment mortgage motion necessary notice objection opinion paid parties payment person plain plaintiff possession present proceedings purchase question railroad reason receiver record referred refused respect respondent reversed rule statement statute sufficient suit Supreme Court sustained taken testimony thereof tion trial verdict witness writ
Page 185 - The court may determine any controversy between the 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 cause them to be brought in.
Page 37 - States as a holiday or as a day of public fasting or thanksgiving; (15) a person shall be deemed insolvent within the provisions of this act whenever the aggregate of his property, exclusive of any property which he may have conveyed, transferred, concealed, or removed, or permitted to be concealed or removed, with intent to defraud, hinder or delay his creditors, shall not, at a fair valuation, be sufficient in amount to pay his debts...
Page 267 - The distinction between an accessory before the fact and a principal, and between principals in the first and second degree, in cases of felony, is abrogated; and all persons concerned in the commission of a felony, whether they directly commit the act constituting the offense, or aid and abet in its commission, though not present, shall hereafter be prosecuted, tried, and punished as principals...
Page 126 - The property of the state, counties, and other municipal corporations, both real and personal, and such other property, as may be used exclusively for agricultural and horticultural societies, for school, religious, cemetery and charitable purposes, may be exempted from taxation; but such exemption shall be only by general law.
Page 328 - Civil actions, other than for the recovery of real property, can only be brought within the following periods, after the cause of action shall have accrued, and not afterwards: "First. Within five years : An action upon any agreement, contract or promise in writing. "Second. Within three years : An action upon contract, not in writing, express or implied ; an action upon a liability created by statute, other than a forfeiture or penalty.
Page 212 - It is indeed the general rule that a policy, and the money to become due under it, belong, the moment it is issued, to the person or persons named in it as the beneficiary or beneficiaries; and that there is no power in the person procuring the insurance, by any act of his, by deed or by will, to transfer to any other person the interest of the person named.
Page 282 - Whenever an appeal is perfected as provided in the preceding sections of this chapter, it stays all further proceedings in the court below upon the judgment or order appealed from...
Page 205 - To open, alter, abolish, widen, extend, establish, grade, pave or otherwise improve and keep in repair, streets, avenues, lanes, alleys, side-walks, drains and sewers.
Page 410 - Am.Dec. 468, a ministerial act is thus defined: "A ministerial act may, perhaps, be defined to be one which a person performs in a given state of facts, in a prescribed manner, in obedience to the mandate of legal authority, without regard to, or the exercise of, his own judgment upon the propriety of the act being done.
Page 256 - Either husband or wife may enter into any engagement or transaction with the other, or with any other person, respecting property, which either might if unmarried; subject, in transactions between themselves, to the general rules which control the actions of persons occupying confidential relations with each other, as defined by the title on trusts.