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action affirmed alleged allowed amended amount answer appellant application assignment attachment attorney authority bill brought cars cause charge Civil claim Code complaint condition consideration considered constitute contract corporation counsel damages deceased deed defendant delivered denied determine direct district court duty effect entered entitled error evidence exceptions execution facts favor filed follows further give given granted ground held instruction intent interest issue judge judgment jury justice land March matter means ment mortgage motion necessary notice objection opinion paid parties payment person plaintiff pleadings possession present proceedings purchase question railroad reason received record recover reference refused relation rendered respondent rule statement statute street sufficient suit Supreme Court taken testimony thereof tion trial verdict witness
Page 353 - It shall be the duty of the adverse claimant, within thirty days after filing his claim, to commence proceedings in a court of competent jurisdiction, to determine the question of the right of possession, and prosecute the same with reasonable diligence to final judgment; and a failure so to do shall be a waiver of his adverse claim.
Page 426 - When the death of a person not being a minor, or when the death of a minor person who leaves surviving him either a husband or wife or child or children, is caused by the wrongful act or neglect of another, his heirs or personal representatives may maintain an action for damages against the person causing the death...
Page 376 - A mortgage of real property shall not be deemed a conveyance, whatever its terms, so as to enable the owner of the mortgage to recover possession of the real property without a foreclosure and sale.
Page 200 - The direct evidence of one witness who is entitled to full credit is sufficient for proof of any fact, except perjury and treason.
Page 173 - In other actions, if no answer has been filed with the clerk of the court within the time specified in the summons, or such further time as may have been granted...
Page 613 - The provisions of this act shall not be construed in any manner to affect or impair the title of a purchaser for a valuable consideration, unless it shall appear that such purchaser had previous notice of the fraudulent intent of his immediate grantor, or of the fraud rendering void the title of such grantor.
Page 456 - No State shall make or enforce any law which shall abridge the privileges and immunities of citizens of the United States...
Page 74 - ... a cause of action exists against the defendant in respect to whom the service is to be made...
Page 73 - Where the person on whom service is to be made resides out of the state; or has departed from the state; or cannot, after due diligence, be found within the state ; or conceals himself to avoid the service of summons...
Page 456 - The natural and proper timidity and delicacy which belongs to the female sex evidently unfits it for many of the occupations of civil life. The constitution of the family organization, which is founded in the divine ordinance, as well as in the nature of things, indicates the domestic sphere as that which properly belongs to the domain and functions of womanhood.