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administrator adverse possession affidavit alleged allowed amendment amount answer appeal application appointed assigned attachment Bank barred bond brought cause of action charge cited civil claim clerk Code complaint constitute contract costs counsel counterclaim creditor damages debt debtor deed defect defendant demand demurrer direct dismissed docketed duty effect entered entitled equity error evidence exceptions execution facts fails filed final give given granted ground Held homestead injunction interest issue Jones judge judgment jurisdiction jury justice land limitations matter ment Moore motion necessary notice objection officer party payment person plaintiff pleadings possession proceedings proper purchaser question Railroad receiver record recover reference refusal remedy rendered Rule sheriff Smith statute sufficient suit summons superior court supreme court taken term thereof tion trial trustee undertaking unless verdict witness
Side 95 - Any person may be made a defendant who has or claims an interest in the controversy adverse to the plaintiff, or who is a necessary party to a complete determination or settlement of the question involved therein.
Side 15 - The distinction between actions at law and suits in equity, and the forms of all such actions and suits, heretofore existing, are abolished; and there shall be in this state, hereafter, but one form of action, for the enforcement or protection of private rights and the redress of private wrongs, which shall be denominated a civil action.
Side 97 - Of the parties to the action those who are united in interest must be joined as plaintiffs or defendants...
Side 68 - ... before the expiration of the time limited for the commencement thereof, and the cause of action survive, an action may be commenced by his representatives, after the expiration of that time and within one year from his death.
Side 64 - In an action brought to recover a balance due upon a mutual, open and current, account where there have been reciprocal demands between the parties, the cause of action shall be deemed to have accrued from the time of the last item proved in the account on either side.
Side 100 - ... 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.
Side 66 - State; and if, after such cause of action shall have accrued, such person shall depart from and reside out of this State, or remain continuously absent therefrom for the space of one year or more, the time of his absence shall not be deemed or taken as any part of the time limited for the commencement of such action.
Side 283 - ... if they or others in their place, fail to justify, at the time and place appointed, he shall deliver the property to the plaintiff.
Side 215 - 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...