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action agreed agreement alleged allowed amount answer appellant application assignment attachment authority bank bill brought cause charge claim Code complaint consideration considered constitute contract convey counsel damages debt decision decree deed defendant delivered denied determine directed district court effect election entered entitled error evidence executed facts filed findings follows further give given grant ground held instruction intention interest issued Judge judgment jury justice land lien matter ment mortgage motion necessary notice objection offered opinion owner paid parties payment person plaintiff possession present proceedings purchase question Railroad reason received record recover referred refused relation rendered respondent road rule sold statement statute sufficient suit Supreme Court sustained taken testimony thereof tion trial verdict votes witness
Side 341 - Be it therefore enacted, that whensoever the death of a person shall be caused by wrongful act, neglect or default, and the act, neglect or default is such as would (if death had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof...
Side 253 - The court may determine any controversy between parties before it, when it can be done without prejudice to the rights of others, or by saving their rights ; but when a complete determination of the controversy cannot be had without the presence of other parties, the court must order them to be brought in.
Side 581 - Where, however, the allegation of the cause of action or defence to which the proof is directed is unproved, not in some particular or particulars only, but in its entire scope and meaning, it shall not be. deemed a case of variance. within the last two sections, but a failure of proof.
Side 426 - That no lands acquired under the provisions of this act shall in any event become liable to the satisfaction of any debt or debts contracted prior to the issuing of the patent therefor.
Side 199 - ... the owner, irrespective of any benefit from any improvement proposed by such corporation...
Side 372 - A new trial is a re-examination of an issue of fact in the same court after a trial and decision by a jury, court, or referees.
Side 113 - That the several companies authorized to construct the aforesaid roads are hereby required to operate and use said roads and telegraph for all purposes of communication, travel and transportation, so far as the public and the...
Side 576 - Any number of persons claiming liens may join in the same action and when separate actions are commenced, the court may consolidate them.