Estee's Pleadings, Practice, and Forms: Adapted to Actions and Special Proceedings Under Codes of Civil Procedure, Հատոր 3Bancroft-Whitney Company, 1898 |
Բովանդակություն
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Common terms and phrases
9 Cal affidavit affirmed alleged allowed amended answer appellate court attorney averments Bank Barb bill of exceptions Bosw California cause of action Civil Procedure claim clerk Code Civ complaint copy costs counsel counterclaim court of equity Cranch C. C. creditor cross-complaint damages decree default defendant demurrer denying discretion dismissed E. D. Smith enjoin entered entitled equity error evidence execution facts filed findings Form granted ground injunction issue judge judgment judgment debtor judgment-roll jurisdiction jury matter ment Mont N. Y. Code nonsuit nunc pro tunc objection Oreg person plaintiff plea pleading proceedings question Railroad Railroad Co record referee refusing relief remittitur rendered reply restrain reversed rule sheriff SIGNATURE statement statute sufficient suit Superior Court Supreme Court taken thereof tion TITLE transcript trial court undertaking unless Utah verdict Wash Wend witness writ
Սիրված հատվածներ
Էջ 201 - 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.
Էջ 327 - Judgment may be given for or against one or more of several plaintiffs, and for or against one or more of several defendants; and it may, when the justice of the case requires it, determine the ultimate rights of the parties on each side, as between themselves.
Էջ 135 - In case of the death, or other disability, of a party, the court, on motion, may allow the action to be continued by or against his representative or successor in interest. In case of any other transfer of interest, the action may be continued in the name of the original party, or the court may allow the person to whom the transfer is made to be substituted in the action.
Էջ 733 - Any Court in which an action is pending, or a Judge thereof, or a County Judge, may, upon notice, order either party to give to the other, within a specified time, an inspection and copy, or permission to take a copy, of any book, document, or paper in his possession, or under his control, containing evidence relating to the merits of the action or the defense therein.
Էջ 252 - All persons, without exception, otherwise than is specified in the next two sections, who, having organs of sense, can perceive, and, perceiving, can make known their perceptions to others, may be witnesses. Therefore, neither parties nor other persons who have an interest in the event of an action or proceeding are excluded...
Էջ 472 - States, and the decision is in favor of such their validity, or where any title, right, privilege, or immunity is claimed under the constitution or any treaty or statute of, or commission held or authority exercised under, the United States, and the decision is against the title, right, privilege, or exemption specially set up or claimed by either party, under such constitution, treaty, statute, commission, or authority...
Էջ 714 - When a contempt is committed in the immediate view and presence of the court, or judge at chambers, it may be punished summarily; for which an order must be made, reciting the facts as occurring in such immediate view and presence, adjudging that the person proceeded against is thereby guilty of a contempt, and that he be punished as therein prescribed.
Էջ 730 - After judgment, to dispose of the property according to the judgment, or to preserve it during the pendency of an appeal, or in proceedings in aid of execution, when an execution has been returned unsatisfied, or when the judgment debtor refuses to apply his property in satisfaction of the judgment; 5.
Էջ 259 - 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.
Էջ 473 - Government, take good and sufficient security that the plaintiff in error or the appellant shall prosecute his writ or appeal to effect, and, if he fail to make his plea good, shall answer all damages and costs, where the writ is a supersedeas and stays execution, or all costs only where it is not a supersedeas as aforesaid.