The Code of civil procedure, and the Criminal statutes. Approved by the General assembly of 1893. Also the constitutions of the United States and of the state, and the rules of the Supreme and of the Circuit courts of the state
C.A. Calvo, jr., state printer, 1894
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The Code of civil procedure, and the Criminal statutes. Approved by the ...
Visualização completa - 1894
action affidavit alleged allowed amended amount answer appeal apply appointed arrest attachment attorney authorized bail brought cause cause of action CHAPTER charge Circuit Court claim Clerk commenced committed Common complaint Constitution contract conviction copy corporation costs County damages deemed defendant deliver direct discretion dollars duty effect entered entitled evidence examination exceeding execution fact filed fine fined five give given granted guilty holding hundred dollars imprisonment indictment injury interest issue Judge judgment jurisdiction jury land less liable limits manner matter ment motion necessary notice offense party Penalty person plaintiff pleading possession prisoner Probate proceedings punished receive recover reference refuse resident rules Section served Sessions Sheriff Subdiv sufficient summons Supreme Court taken term thereof tion Trial Justice tried undertaking unless violating warrant witness
Página 66 - the court may, before or after judgment, in furtherance of justice, and on such terms as may be proper, amend any pleading, process, or proceeding, by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect...
Página 39 - An action against a sheriff or coroner upon a liability incurred by the doing of an act in his official capacity, and in virtue of his office, or by the omission of an official duty; including the non-payment of money collected upon an execution.
Página 39 - ... 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.
Página 41 - 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 then order them to be brought in.
Página 87 - ... 5. In the cases when a corporation has been dissolved, or is insolvent, or in imminent danger of insolvency, or has forfeited its corporate rights; 6.
Página 60 - In pleading the performance of conditions precedent in a contract, it shall not be necessary to state the facts showing such performance ; but it may be stated generally that the party duly performed all the conditions on his part...
Página 39 - Within the age of twenty-one years; or 2. Insane; or 3. Imprisoned on a criminal charge, or in execution under the sentence of a criminal court, for a term less than his natural life ; or 4.
Página 44 - The court may, on motion, change the place of trial in the following cases: 1. When the county designated in the complaint is not the proper county; 2. When there is reason to believe that an impartial trial cannot be had therein; 3. When the convenience of witnesses and the ends of justice would be promoted by the change: 4.
Página 62 - ... (5) injuries to character; (6) injuries to person; (7) injuries to property. 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...