Code of Law, Practice and Forms, for Justices' and Other Inferior Courts in the Western StatesBender-Moss, 1925 - Всего страниц: 1432 |
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9 Cal affidavit amended amount answer appearance Ariz attorney bond California cause of action certificate city and county clerk Code Civ Code of Civil Colo Comp complaint Complaint-Against Complaint-For Const constable contract copy corporation costs counterclaim court and cause damages day of 19 default defendant delivered Demand of judgment demurrer deposition docket duly duties elected entitled evidence ex rel execution fact failure fees fendant filed hereby Idaho indorsed injury issue judge judicial jurisdiction juror jury justice justice's court liable ment misjoinder Mont notice Okla Olson's Laws 1920 paid peace person plaintiff alleges pleading precinct Proc proceedings recover rendered resides served service of process service of summons sheriff Stats statute sufficient Superior Court therein thereof tice tion Title of court township trial Utah waived Wash witness Wyom
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Стр. 83 - Every action must be prosecuted in the name of the real party in interest, except that an executor or administrator, a trustee of an express trust, or a person expressly authorized by statute, may sue, without joining with him the person for whose benefit the action is prosecuted. A person, with whom or in whose name, a contract is made for the benefit of another, is a trustee of an express trust, within the meaning of this section.
Стр. 396 - When the terms of an agreement have been reduced to writing by the parties, it is to be considered as containing all those terms, and therefore there can be between the parties and their representatives, or successors in interest, no evidence of the terms of the agreement other than the contents of the writing;, except in the following cases: "1.
Стр. 851 - In actions for the recovery of specific, real, or personal property, with or without damages, or for money claimed as due upon contract, or as damages for breach of contract, or for injuries, an issue of fact must be tried by a jury, unless a jury trial is waived, or a reference is ordered, as provided in this code.
Стр. 83 - ... when the question is one of a common or general interest, of many persons, or when the parties are numerous, and it is impracticable to bring them all before the 'court, one or more may sue or defend for the benefit of all.
Стр. 464 - A -witness is allowed to refresh his memory respecting a fact, by anything written by himself or under his direction at the time when the fact occurred or immediately thereafter, or at any other time when the fact was fresh in his memory and he knew that the same was correctly stated in the writing.
Стр. 83 - The causes of action so united must all belong to one only of these classes, and must affect all the parties to the action, and not require different places of trial, and must be separately stated...
Стр. 54 - The Superior Court shall have original jurisdiction in all cases in equity, and in all cases at law which involve the title or possession of real property, or the legality of any tax, impost, assessment, toll, or municipal fine...
Стр. 271 - The defendant may demur to the complaint, when it shall appear upon the face thereof, either— " 2. That the plaintiff has not legal capacity to sue; or, " 3. That there is another action pending between the same parties for the same cause; or, " 1. That the court has no jurisdiction of the person of the defendant or the subject of the action ; or,
Стр. 20 - An office becomes vacant on the happening of either of the following events before the expiration of the term: 1. The death of the incumbent. 2. His insanity, found upon a commission of lunacy issued to determine the fact. 3. His resignation. 4. His removal from office.
Стр. 851 - In an action for the recovery of specific personal property, if the property has not been delivered to the plaintiff, or the defendant, by his answer, claim a return thereof, the jury, if their verdict be in favor of the plaintiff, or, if being in favor of defendant, they also find that he is entitled to a return thereof...