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action adverse party affidavit allowed Amendment amount answer appeal Applicable to justices appointed approved April arrest attachment attorney bail brought cause certified CHAPTER civil claim clerk complaint contain contract copy costs County Court damages debt deemed defendant deliver demand demurrer deposit direct district entered entitled entry evidence examination execution facts filed five follows give given granted hundred interest issued judge judgment judgment debtor July jury justice lien manner March ment mentioned motion necessary notice officer original section paid party passed payment person personal property plaintiff pleadings possession proceedings proceeds publication real property receiving record recovered referee rendered reside respective Second served sheriff specified statement sufficient summons sureties taken therein thereof thereto Third took effect trial undertaking unless verdict witness writ writing written
Страница 41 - The court may, before, or after judgment, in furtherance of justice, and on such terms as may be proper, amend any pleading, process, 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...
Страница 15 - 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; "2.
Страница 78 - If the taking of an account, or the proof of any fact, is necessary to enable the court to give judgment, or to carry the judgment into effect, the court may take the account or hear the proof; or may, in its discretion, order a reference for that purpose.
Страница 87 - In un action for the recovery of money only, or specific real property, the jury in their discretion, may render a general or special verdict. In all other cases the court may direct the jury to find a special verdict in writing, upon all or any of the issues, and in all cases may instruct them, if they render a general verdict, to find upon particular questions of fact, to be stated in writing, and may direct a written finding thereon.
Страница 16 - A corporation or association may be sued in the county where the contract is made or is to be performed, or where the obligation or liability arises, or the breach occurs; or in the county where the principal place of business of such corporation is situated, subject to the power of the Court to change the place of trial as in other cases.
Страница 263 - ... party to deliver the account or instrument to the court, and to state that there is due to him thereon from the adverse party a specified sum, which he claims to recover or set off.
Страница 130 - In such action, the court may, by its judgment, direct a sale of the incumbered property (or so much thereof as may be necessary), and the application of the proceeds of the sale to the payment of the costs of the...
Страница 250 - The summons must be served at least five days before the day of appearance fixed therein, by delivering a copy thereof and showing the original to the president or other head of the corporation, or to the secretary, cashier, or managing agent thereof.
Страница 54 - ... a written undertaking, executed by two or more sufficient sureties, to the effect that they are bound in double the value of the property, as stated in the affidavit of the plaintiff, for the delivery thereof to the plaintiff, if such delivery be adjudged, and for the payment...