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action to recover administrator adverse adverse possession affidavit alleged allowed amendment answer appeal application appointed assigned attorney Bank barred bond brought cause of action certiorari civil action claim and delivery clerk Code Com'rs Commissioners complaint contract costs counsel counterclaim court of equity creditor damages debt deceased deed defendant demand demurrer discretion dismissed docketed entitled equity error evidence excusable neglect execution exemption facts feme covert filed forma pauperis fraud granted guardian guardian ad litem homestead injunction irregular issue Jones judge judgment debtor jurisdiction jury justice land lien ment misjoinder Moore mortgage motion notice officer party payment pending personal property plaintiff pleadings possession proper purchaser Railroad record reference refusal remedy rendered Rule sheriff Smith special proceeding statute of limitations sufficient suit summons superior court supreme court sureties tenant term thereof tion trial trust undertaking unless vacate verdict waived writ
Página 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.
Página 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.
Página 97 - Of the parties to the action those who are united in interest must be joined as plaintiffs or defendants...
Página 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.
Página 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.
Página 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.
Página 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.
Página 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.
Página 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...