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action affidavit alleged allowed amended amount answer appear apply arrest authority Bank Barb cause certificate charge claim clerk commenced complaint Congress constitution contract corporation court damages debt debtor decree deemed defendant determined direct duty effect entered entitled evidence exceptions execution facts filed finding give given granted ground held interest issue judge judgment judicial jurisdiction juror jury land lien manner matter ment mortgage motion nature necessary notice objection officer otherwise particular party person plaintiff pleading possession proceed proceeding proof proper proved purchaser question record recover referees refusal respect rule served sheriff Smith statute sufficient suit summons taken term testimony therein thereof tion trial undertaking United unless verdict West witness writ writing
Side 380 - Anything which is injurious to health, or is indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property...
Side 500 - The writ of mandamus may be denominated the writ of mandate.— 1873-345. 1085. It may be issued by any court, except a justice's or police court, to any inferior tribunal, corporation, board, or person, to compel the performance of an act which the law specially enjoins, as a duty resulting from an office, trust, or station...
Side 77 - All power is inherent in the people, and all free governments are founded on their authority and instituted for their peace, safety and happiness.
Side 236 - No variance between the allegation in a pleading and the proof, is to be deemed material, unless it have actually misled the adverse party to his prejudice, in maintaining his action or defense upon the merits.
Side 93 - No Senator or Representative shall, during the time for which he shall have been elected, be appointed to any civil office of profit under this state, which shall have been created, or the emoluments of which shall have been increased during such term, except such offices as may be filled by elections by the people.
Side 541 - In the construction of a statute or instrument, the office of the judge is simply to ascertain and declare what is in terms or in substance contained therein, not to insert what has been omitted, or to omit what has been inserted; and where there are several provisions or particulars, such a construction is, if possible, to be adopted as will give effect to all.
Side 61 - He shall, before he is admitted to citizenship, declare on oath in open court that he will support the Constitution of the United States, and that he absolutely and entirely renounces and abjures all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty, and particularly by name to the prince, potentate, state or sovereignty of which he was before a citizen or subject...
Side 90 - Every act shall embrace but one subject and matters properly connected therewith; which subject shall be expressed in the title. But if any subject shall be embraced in an act, which shall not be expressed in the title, such act shall be void only as to so much thereof as shall not be expressed in the title.
Side 676 - I will abstain from all offensive personality, and advance no fact prejudicial to the honor or reputation of a party or witness, unless required by the justice of the cause with which...