The Pacific Reporter, Volumen9West Publishing Company, 1886 |
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Términos y frases comunes
affirmed alleged amended amount answer Appeal from superior appellant assignment attorney authority bill cause of action charge Civil Procedure claim clerk Code common law complaint concur constitution contract counsel county of San court of equity creditors Custer county debt December 23 decree deed defendant defendant's demurrer district court election entitled evidence execution facts favor fendant Filed January held indictment intent issue January 29 judge judgment jurisdiction jury justice land legislature lien ment mortgage motion N. W. Rep notice objection offense opinion paid party payment person petition petitioner plaintiff in error pleadings polygamy possession premises proceedings prosecution purchase purpose question railroad reason record refused rendered respondent rule Shawnee county sheriff statute statute of limitations sufficient superior court supreme court sustained territory testimony therein thereof tion trial verdict void witness writ
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Página 181 - ... connected with the subject of the action. Section 127 of the Revised Code of Civil Procedure provides: "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 91 - Every mortgage or conveyance intended to operate as a mortgage of goods and chattels which shall hereafter be made which shall not be accompanied by an immediate delivery and followed by an actual and continued change of possession...
Página 313 - ... upon such terms as may be just, relieve a party or his legal representative from a judgment, order, or other proceeding taken against him through his mistake, inadvertence, surprise, or excusable neglect...
Página 231 - The court may determine any controversy between parties before it, when it can be done without prejudice to the rights of others, or by saving their rights ; but when a complete determination of the controversy cannot be had without the presence of other parties, the court must order them to be brought in.
Página 562 - ... 3. The testator must, at the time of subscribing or acknowledging the same, declare to the attesting witnesses that the instrument is his will; and 4. There must be two attesting witnesses, each of whom must sign his name as a witness, at the end of the will, at the testator's request, and in his presence.
Página 359 - Alameda, bounded and described as follows, to wit : [here insert description^] together with all and singular, the tenements, hereditaments, and appurtenances thereunto belonging or in anywise appertaining ; and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof...
Página 231 - Any person may be made a defendant who has or claims an interest in the controversy adverse to the plaintiff, or who is a necessary party to a complete determination or settlement of the question involved therein.
Página 854 - A party is not to cast himself upon an obstruction which has been made by the fault of another, and avail himself of it, if he do not himself use common and ordinary caution to be in the right.
Página 428 - The Court may change the place of trial in the following cases : 1. When the County designated for that purpose in the complaint is not the proper County ; 2. When there is reason to believe that an impartial trial cannot be had therein ; 3. When the convenience of witnesses and the ends of justice would be promoted by the change.
Página 425 - That a witness false in one part of his testimony is to be distrusted in others; 4.