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1872 re-enactment Act March action affidavit allowed amendment approved April amendment approved March amount answer appeal application appointed approved March 24 attachment attorney bond C. C. P. pt cause certificate chapter claim clerk Code Amdts Code Commission commenced complaint contract copy corporation costs damages defendant deposit determine direct duties effect Enacted March 11 Enactment approved entered entitled evidence execution fact filed founded give given granted guardian hearing held unconstitutional hundred interest issue judge judgment jurisdiction jurors jury justice Kerr's Stats land lien manner Mont motion necessary notice paid party payment person petition plaintiff pleading possession Practice Act present Probate Act proceedings reason receive record recover repeal residence served sheriff Stats sufficient summons superior court sureties taken therein thereof trial undertaking unless writ writing
Página 143 - ... 2. A statement of any new matter constituting a defense or counterclaim, in ordinary and concise language, without repetition." See. 171. The counterclaim mentioned in the last section must be one existing in favor of a defendant and against a plaintiff, between whom a several judgment might be had in the action, and arising out of one of the following causes of action: "1.
Página 18 - Each of the Justices shall have power to issue writs of habeas corpus to any part of the State, upon petition by or on behalf of any person held in actual custody, and may make such writs returnable before himself or the Supreme Court, or before any Superior Court in the State, or before any Judge thereof.
Página 153 - No variance between the allegation in a pleading and the proof is to be deemed material, unless it has actually misled the adverse party to his prejudice in maintaining his action or defense upon the merits. Whenever it appears that a party has been so misled, the court may order the pleading to be amended, upon such terms as may be just.
Página 124 - In case of the death or any disability of a party, the court, on motion, may allow th'e action to be continued by or against his representative or successor in interest.
Página 173 - In an action upon a contract, express or implied, for the direct payment of money, where the contract is made or is payable in this state, and is not secured by any mortgage or lien upon real or personal property, or any pledge of personal property, or, if originally so secured, such security has, without any act of the plaintiff, or the person to whom the security was given, become valueless; provided, that an.
Página 135 - When publication is ordered, personal service of a copy of the summons and complaint, out of the State, is equivalent to publication and deposit in the Post Office.
Página 648 - A clergyman or priest cannot, without the consent of the person making the confession, be examined as to any confession made to him in his professional character in the course of discipline enjoined by the church to which he belongs.
Página 104 - When the relation of landlord and tenant has existed between any persons, the possession of the tenant is deemed the possession of the landlord until the expiration of five years from the termination of the tenancy, or, where there has been no written lease, until the expiration of five years from the time of the last payment of rent, notwithstanding that such tenant may have acquired another title, or may have claimed to hold adversely to his landlord. But such presumptions cannot be made after...
Página 167 - When it appears by the complaint that the plaintiff is entitled to the relief demanded, and such relief, or any part thereof, consists in restraining the commission or continuance of the act complained of, either for a limited period or perpetually; 2. When it appears by the complaint or affidavit that the commission or continuance of some act during the litigation would produce waste, great or irreparable injury to the plaintiff; 3.