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action administrator admitted affirmance alleged amount answer appeal application assessment attachment attorney authority Board bond cause charge cited City claim commenced common complaint consideration Constitution contract conveyance counsel County Court debt deed defendant demand denied determined directed District Court dollars effect entered entitled evidence execution existence expressed fact filed finding follows further given grant ground held holding hundred husband intent interest issue Judge judgment Judicial jurisdiction jury Justice land liable lien Limitations matter ment mortgage motion necessary notice objection Opinion owner paid parties passed payment person plaintiff possession premises present principle proceedings prove purchase question reason received record recover reference relation respect Respondent rule San Francisco Sawyer statement statute sufficient suit taken testimony thousand tion trial trustee wife witness
Side 423 - The relief granted to the plaintiff, if there be no answer, cannot exceed that which he shall have demanded in his complaint; but in any other case, the court may grant him any relief consistent with the case made by the complaint and embraced within the issue.
Side 130 - 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 645 - The decisions on the subject of passengers' baggage turn upon the question : What articles may baggage consist of ? This is a mixed question of law and fact, to be determined by the jury under proper instructions from the court.
Side 252 - ... 2. A statement of any new matter constituting a defense or counterclaim, in ordinary and concise language, without repetition." See. 171. The counterclaim mentioned in the last section must be one existing in favor of a defendant and against a plaintiff, between whom a several judgment might be had in the action, and arising out of one of the following causes of action: "1.
Side 412 - I might or could do if personally present, hereby ratifying and confirming all that my said attorney shall lawfully do, or cause to be done, by virtue of these presents.
Side 200 - ... deliver over to the defendant the attached property remaining in his hands, and any proceeds of the property attached unapplied on the judgment.
Side 412 - ... giving and granting unto my said attorney full power and authority to do and perform all and every act and thing whatsoever requisite and necessary to be done in and about the premises, as fully to all intents and purposes as I might or could do if personally present...
Side 361 - All goods, chattels, moneys, and other property, both real and personal, or any interest therein of the judgment debtor, not exempt by law, and all property and rights of property seized and held under attachment in the action, are liable to execution.