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action affirmed agent agreed agreement alleged allowed amended amount answer appeal application assignment authority bank cause charge claim Colo commission complaint conclusion condition considered contention contract corporation damages death decree deed defendant denied direct District Court effect entered entitled error evidence executed facts fendant filed follows further give given held hold instructions interest issue Judge judgment jury Key-Numbered Digests land liability lien matter ment mortgage motion notice objection officers opinion owner paid parties payment person petition plain plaintiff pleaded possession presented proceedings purchase question reason received record referred refused respondent reversed rule secure statement statute sufficient suit Supreme Court sustained taken testified testimony thereof tion trial court Wash wife witness
Page 265 - An action upon a liability created by statute, other than a penalty or forfeiture. 2. An action for trespass upon real property. 3. An action for taking, detaining, or injuring any goods or chattels, including actions for the specific recovery of personal property.
Page 311 - Judgment may be given for or against one or more of several plaintiffs, and for or against one or more of several defendants; and it may, when the justice of the case requires it, determine the ultimate rights of the parties on each side, as between themselves.
Page 281 - Of whose true-fix'd and resting quality There is no fellow in the firmament.
Page 414 - ... 1. If the action be against defendants jointly indebted upon contract, he may proceed against the defendant served, unless the Court otherwise direct; and if he recover judgment, it may be entered against all the defendants thus jointly indebted, so far only as that it may be enforced against the joint property of all and the separate property of the defendants served, and, if they are subject to arrest, against the persons of the defendants served; or, 2.
Page 309 - If an action shall be commenced within the time prescribed therefor, and a judgment therein for the plaintiff be reversed on appeal, the plaintiff, or if he die and the cause of action survive, his heirs or representatives, may commence a new action within one year after the reversal.
Page 389 - Although the defendant's negligence may have been the primary cause of the injury complained of, yet an action for such injury cannot be maintained if the proximate and immediate cause of the injury can be traced to the want of ordinary care and caution in the person injured, subject to this qualification, which has grown up in recent years (having been first enunciated in Davies v.
Page 414 - Where the action is against two or more defendants, and the summons is served on one or more, but not on all of them, the plaintiff may proceed as follows: 1.
Page 123 - The rule of the common law, that statutes in derogation thereof are to be strictly construed, has no application to this code. The code establishes the law of this state respecting the subjects to which it relates, and its provisions and all proceedings under it are to be liberally construed, with a view to effect its objects and to promote justice.
Page 267 - Where a section or part of a statute is amended, it is not to be considered as having been repealed and re-enacted In the amended form; but the portions which are not altered are to be considered as having been the law from the time when they were enacted, and the new provisions are to be considered as having been enacted at the time of the amendment.