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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 grant ground held instructions intention interest issue judge judgment jury land lien March matter ment mortgage motion necessary notice objection opinion owner 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 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 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 38 - JBB, knight, justices as aforesaid, did depose and swear (amongst other things) in substance and to the effect following, that is to say...
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 116 - A nonnegotiable written contract for the payment of money or personal property may be transferred by indorsement, in like manner with negotiable instruments. Such indorsement shall transfer all the rights of the assignor under the instrument to the assignee, subject to all equities and defenses existing in favor of the maker at the time of the indorsement.
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...
Page 301 - A qualified locator may relocate a mining claim in the possession of an alien who has not declared his intention to become a citizen, if relocation be made without force or violence and prior to declaration of intention or conveyance to a citizen.
Page 139 - Whenever, in the opinion of the court, it is proper for the jury to have a view of property which is the subject of litigation, or of the place in which any material fact occurred, it may order them to be conducted in a body, under the charge of an officer, to the place, which shall be shown to them by some person appointed by the court for that purpose.
Page 360 - This rule Is obviously founded on the great principle of social duty, that every man, in the management of his own affairs, whether by himself or by his agents or servants, shall so conduct them as not to injure another; and if he does not, and another thereby sustains damage, he shall answer for it.