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action action or special affidavit answer appeal application appointed arrest attachment attend attorney authorized bail bond brought cause certified charge claim clerk commenced commissioner complaint contained copy court of record damages deemed defendant delivered demand deposition designated directed discharged drawn duties effect entered entitled evidence execution exempt fact filed given granted held holding interest issue jail judge judgment jurors jury justice last section liable liberties manner ment motion necessary notice notified original otherwise paid party payment person plaintiff pleading prescribed prescribed by law prisoner proceed proof proper provision real property reason receive recover referee relating removed rendered residence respect served sheriff special proceeding specified stenographer summons supreme court taken term therein thereof thereupon tion TITLE trial trial jurors undertaking unless virtue warrant witness written York
Side 152 - 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.
Side 196 - ... when during the litigation it appears that the defendant is doing or threatens or is about to do, or is procuring or suffering to be done, some act in violation of the plaintiff's rights respecting the subject of the action, and tending to render the judgment ineffectual, a temporary injunction may be granted to restrain such act.
Side 173 - ... being duly sworn, deposes and says that he is the petitioner in the above-entitled proceeding ; that he has read the foregoing petition and knows the contents thereof; that the same is true of his own knowledge, except as to matters therein stated to be alleged upon information and belief, and that as to those matters he believes it to be true.
Side 234 - ... and on such terms as it deems just, amend any process, pleading, or other proceeding, by adding or striking out the name of a person as a party, or by correcting a mistake in the name of a party, or a mistake in any other respect...
Side 175 - In pleading a judgment, or other determination, of a court or officer of special jurisdiction, it is not necessary to state the facts conferring jurisdiction; but the judgment or determination may be stated to have been duly given or made.
Side 164 - ... The defendant may demur to the complaint within the time required in the summons to answer, when it appears upon the face thereof, either : 1. That the court has no jurisdiction of the person of the defendant or the subject of the action; or, 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, 4.
Side 121 - The people of this state will not sue any person for or in respect to any real property, or the issues or profits thereof, by reason of the right or title of the people to the same, unless : 1.
Side 266 - Upon the trial of an action or the hearing upon the merits of a special proceeding, a party or a person interested in the event, or a person from, through or under whom such a party or interested person derives his interest or title by assignment or otherwise, shall not be examined as a witness in his own behalf or interest, or in behalf of the party succeeding to his title or interest...
Side 124 - For the purpose of constituting an adverse possession, by a person claiming a title, founded upon a written instrument, or a judgment or decree, land is deemed to have been possessed and occupied in either of the following cases : 1. Where it has been usually cultivated or improved.