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according action affidavit alleged allowed amount answer ante appeal apply assignment attachment Attorney authorized averment Bibb bill bond brought Bush Caption cause of action circuit court claim clerk Code common concerning consideration contract convey costs court damages Dana debt decision defendant defendant's delivered demand deposition dollars entitled equity evidence exceptions execution facts failed filed Form give given granted ground heirs held injunction injury interest issue judge judgment jurisdiction jury land Litt maintain mentioned motion necessary notice obtained officer paid party payment performance person petition plaintiff plea pleading possession present proceedings proof prove provisions reasonable record recover relief rendered residence rule says seems sheriff sold statement statute sued sufficient summons surety taken term thereof thereto trial unless verdict Verification witness writing
Página 175 - The court may, at any time, in furtherance of justice, and on such terms as may be proper, amend any pleading 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...
Página 395 - Disobedience to a subpoena, or a refusal to be sworn, or to answer as a witness, or to subscribe an affidavit or deposition when required, may be punished as a contempt by the court or officer issuing the subpoena or requiring the witness to be sworn; and if the witness be a party, his complaint or answer may be stricken out.
Página 175 - The court must, in every stage of an action, disregard any error, or defect, in the pleadings or proceedings, which does not affect the substantial rights of the adverse party ; and no judgment can be reversed or affected by reason of such error or defect.
Página 221 - An injunction is a writ or order requiring a person to refrain from a particular act. It may be granted by the court in which the action is brought, or by a judge thereof; and when granted by a judge, it may be enforced as an order of the court.
Página 68 - Where a covenant goes only to part of the consideration on both sides, and a breach of such covenant may be paid for in damages, it is an independent covenant; and an action may be maintained for a breach of the covenant on the part of the defendant, without averring performance in the declaration.
Página 601 - For the recovery of real property, or of an estate or interest therein, or for the determination in any form of such right or interest, and for injuries to real property.
Página 172 - ... actually misled the adverse party, to his prejudice, in maintaining his action or defense, upon the merits. Whenever it...
Página 20 - Persons severally liable upon the same obligation or instrument, including the parties to bills of exchange and promissory notes, and sureties on the same or separate instruments, may all or any •of them be included in the same action, at the option of the plaintiff...