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action agreed agreement alleged allowed amount answer appellant application attorney authority bank called cause charged Civil claim Code Company complaint condition constitution construction Continued contract corporation damages deceased deed defendant denying deposit determine direct district duty effect entitled error established evidence exceptions executed facts filed finding follows further give given granted ground held instruction intent interest issue Judge judgment jurisdiction jury land lease matter ment motion negligence notice objection obtained opinion owner paid parties payment person plaintiff pleading possession presented proceedings proof purchase question reason received record recover referred refused Respondent rule statement statute street sufficient Superior Court supreme court sustained taken testimony thereof tion trial trust wife witness writ
Page 225 - An action is an ordinary proceeding in a court of justice by which one party prosecutes another for the enforcement or protection of a right, the redress or prevention of a wrong, or the punishment of a public offense.
Page 482 - Again, all the authorities agree that in order to vitiate a contract or combination it is not essential that its result should be a complete monopoly ; it is sufficient if it really tends to that end and to deprive the public of the advantages which flow from free competition.
Page 618 - The cause of action in such case not to be deemed to have accrued until the discovery, by the aggrieved party, of the facts constituting the fraud or mistake.
Page 227 - A corporation or association may be sued in the county where the contract is made or is to be performed, or where the obligation or liability arises, or the breach occurs...
Page 81 - Every person who has actual notice of circumstances sufficient to put a prudent man upon inquiry as to a particular fact, has constructive notice of the fact itself in all cases in which, by prosecuting such inquiry, he might have learned such fact.
Page 694 - State, and that the payment of the same has not been secured by any mortgage or lien upon real or personal property, or any pledge of personal property, or.
Page 16 - ... not in the due and lawful execution of his trust, or secretes it with a fraudulent intent to appropriate it to such use or purpose, and any contractor who appropriates money paid to him for any use or purpose, other than for that which he received it, is guilty of embezzlement...
Page 616 - ... among the acknowledged debts of the estate, to be paid in due course of administration.
Page 180 - Defendant made a motion for a new trial, which was denied, and this appeal is from the judgment and the order denying the motion.