Pacific States Reports: Extra Annotated, Book 26Bancroft-Whitney, 1912 - Law reports, digests, etc |
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Page 25
... suit was commenced ; and it is also true that Mrs. Ford at another time owned or claimed to own in her own right said land , or a part thereof ; but she admitted that she had parted with all her interest therein sometime before this suit ...
... suit was commenced ; and it is also true that Mrs. Ford at another time owned or claimed to own in her own right said land , or a part thereof ; but she admitted that she had parted with all her interest therein sometime before this suit ...
Page 45
... suits may be brought and prosecuted against any one or more of those who are liable . Gen. St. c . 21 , § 4. In this ... suit might have been brought , the * Code allows a several judgment to be entered , even though others be- sides the ...
... suits may be brought and prosecuted against any one or more of those who are liable . Gen. St. c . 21 , § 4. In this ... suit might have been brought , the * Code allows a several judgment to be entered , even though others be- sides the ...
Page 55
... suit against Johnson , and sued out an order of attachment , which was executed by the sheriff of Franklin county . The attached property consisted of a lot of cattle , appraised at $ 442 . To re- lease this property Johnson executed to ...
... suit against Johnson , and sued out an order of attachment , which was executed by the sheriff of Franklin county . The attached property consisted of a lot of cattle , appraised at $ 442 . To re- lease this property Johnson executed to ...
Page 92
... suit have been paid , ) that the petition here does not state facts sufficient . But an action will lie on a replevin bond for the value of the property , even though the statute requires the jury to assess its value , and they fail to ...
... suit have been paid , ) that the petition here does not state facts sufficient . But an action will lie on a replevin bond for the value of the property , even though the statute requires the jury to assess its value , and they fail to ...
Page 93
... suit was brought became functus officio and inoperative , and the liability of the obligors terminated , because the plaintiff by his laches lost or waived his right to recover the value of the property by failing to take his judgment ...
... suit was brought became functus officio and inoperative , and the liability of the obligors terminated , because the plaintiff by his laches lost or waived his right to recover the value of the property by failing to take his judgment ...
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Common terms and phrases
affidavit agent alleged amended answer appear assessment Atchison attorney authority Barb bill bond cause of action charge Cited claim clerk Code commenced commissioners common carrier contract conveyance county clerk court erred court of equity damages defendant in error demurrer district court election evidence execution facts favor fendant filed fraud given holding instructions Iowa issue Johnnycake judge judgment jurisdiction jury justices concurring Kansas land Leavenworth Leavenworth county legislature levied liable lien ment mortgage motion notice officer Ohio St owner paid party payment person petition plaintiff in error pleadings possession proceedings purchase question quitclaim deed railroad record recover refused rendered replevin Riley county rule sheriff sheriff's deed sold statute statute of frauds sufficient supreme court sustained tax deed testimony thereof tion trial valid verdict void witness
Popular passages
Page 226 - ... or upon any contract or sale of lands, tenements, or hereditaments, or any interest in or concerning them; or upon any agreement that is not to be performed within the space of one year from the making thereof; unless the agreement upon which such action shall be brought, or some memorandum or note thereof shall be in writing, and signed by the party to be charged therewith, or some other person thereunto by him lawfully authorized.
Page 153 - Having no absolute right of recognition in other States, but depending for such recognition and the enforcement of its contracts upon their assent, it follows, as a matter of course, that such assent may be granted upon such terms and conditions as those States may think proper to impose. They may exclude the foreign corporation entirely ; they may restrict its business to particular localities, or they may exact such security for the performance of its contracts with their citizens as in their judgment...
Page 144 - Together with all and singular the hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reversion and reversions, remainder and remainders...
Page 405 - ... in trust, that they shall erect and build, or cause to be erected and built thereon, a house or place of worship for the use of the members of the Methodist Episcopal Church in the United States of America...
Page 259 - ... the owner, irrespective of any benefit from any improvement proposed by such corporation...
Page 463 - 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, or by inserting other allegations material to the case, or, when the amendment does not change substantially the claim or defense, by conforming the pleading or proceeding to the facts proved.
Page 445 - ... a kind of notice by which it is reasonably probable that the party proceeded against will be apprised of what is going on against him, and an opportunity is afforded him to defend, I am of opinion that the courts have not the power to pronounce the proceedings illegal.
Page 105 - In addition to the causes of action which survive at common law, causes of action for mesne profits, or for an injury to the person, or to real or personal estate, or for any deceit or fraud, shall also survive; and the action may be brought, notwithstanding the death of the person entitled or liable to the same.
Page 280 - And the said circuit court, when opened by the said circuit judge as required herein, shall therefrom and thereafter, and up to and including the day following the day of election, be always open for the transaction of business under this act, and the powers and jurisdiction hereby granted and conferred shall be exercised as well in vacation as in term time; and a judge sitting at chambers shall have the same powers and jurisdiction, including the power of keeping order and of punishing any contempt...
Page 194 - ... where it shall be made to appear that by agreement, and without any fraudulent intent, the party to whom the conveyance was made, or in whom the title shall vest, was to hold the land, or some interest therein, in trust for the party paying the purchase money, or some part thereof.