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action agreement alleged allowed amount answer appeal application authority bank brought cause charge Civil claim Code complaint concur consent considered constitute contract costs counsel damages decision deed defendant denied determine district court duty effect entered entitled error evidence exceptions execution fact filed follows further give given grant ground held husband injury instruction intent interest issued Judge judgment jury justice land marriage matter means ment mortgage motion necessary notice objection opinion owner paid parties passed payment person petition plaintiff possession present proceedings prove purchase question railroad reason received record recover referred refused relation rendered respondent rule statute sufficient suit Supreme Court sustained taken thereof tion town trial verdict wife witness
Страница 307 - A plaintiff in ejectment must recover upon the strength of his own title, and not upon the weakness of his adversary's...
Страница 342 - 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.
Страница 276 - ... 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.
Страница 318 - Marriage is a personal relation arising out of a civil contract, to which the consent of parties capable of making it is necessary. Consent alone will not constitute marriage; it must be followed by a solemnization, or by a mutual assumption of marital rights, duties, or obligations.
Страница 238 - The court may determine any controversy between the 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...
Страница 520 - ... of another, his heirs or personal representatives may maintain an action for damages against the person causing the death, or if such person be employed by another person who is responsible for his conduct, then also against such other person. In every action under this and the preceding section, such damages may be given as under all the circumstances of the case, may be just.
Страница 234 - ... 1. The surviving husband or wife, or some competent person whom he or she may request to have appointed. 2. The children. 3. The father and mother. 4. The brothers. ,' 5. The sisters. / 6. The grandchildren. 7. The next of kin entitled to share in the distribution of the estate.
Страница 274 - That the judicial power of said Territory shall be vested in a supreme court, district courts, probate courts, and justices of the peace.
Страница 457 - No law shall be revised or amended by reference to its title, but in such case the Act revised or section amended shall be reenacted and published at length as revised or amended...