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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 costs 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 witness
Página 341 - ... death had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof, then and in every such case the person who would have been liable if death had not ensued shall be liable to an action for damages, notwithstanding the death of the person injured, and although the death shall have been caused under such circumstances as amount in law to felony.
Página 341 - Whenever 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...
Página 331 - An action may be brought by any person in possession, by himself or his tenant of real property, against any person who claims an estate or interest therein adverse to him. for the purpose of determining such adverse claim, estate or interest.
Página 605 - To avoid improper influences which may result from intermixing in one and the same act such things as have no proper relation to each other, every law shall embrace but one object, and that shall be expressed in the title.
Página 199 - ... the owner, irrespective of any benefit from any improvement proposed by such corporation...
Página 133 - When the notice designates, as the ground of the motion, errors in law occurring at the trial, and excepted to by the moving party, the statement shall specify the particular errors upon which the party will rely. If no such specifications be made, the statement shall be disregarded on the hearing of the motion.
Página 536 - I, , a notary public in and for said county, in the state aforesaid, do hereby certify that Walter Merritt, who is personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that he signed, sealed and delivered the said instrument as his free and voluntary act for the uses and purposes therein set forth.
Página 595 - A defendant appears in an action when he answers, demurs, or gives the plaintiff written notice of his appearance, or when an attorney gives notice of appearance for him.
Página 35 - Either party may present to the court any written charge on the law, but not with respect to matters of fact, and request that it be given. If the court thinks it correct and pertinent, it must be given; if not, it must be refused. Upon each charge presented and given or refused, the court must indorse and sign its decision. If part be given and part refused, the court must distinguish, showing by the indorsement what part of the charge was given and what part refused.
Página 132 - In every action for the recovery of money only, or specific real property, the jury, in their discretion, may render a general or special verdict. In all other cases the court may direct the jury to find a special verdict in writing, upon all or any of the issues ; and in all cases may instruct them, if they render a general verdict, to find upon particular questions of fact to be stated in writing, and may direct a written finding thereon.