The Law Magazine: Or, Quarterly Review of Jurisprudence, Volume 14; Volume 45
Saunders and Benning, 1851 - Law
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action agreement alleged allowed amount answer appear apply appointed authority award bill brought called cause Chanc charge Church circumstances claim common consideration contained contract costs County court covenant death debt decision deed defendant directed duty effect England entered entitled equity evidence Exch execution executors expressed fact give given granted ground Held House indictment interest issue judge judgment judicial jurisdiction jury justice land letter Lord matter means ment nature necessary notice object obtained opinion paid party passed payment person plaintiff plea pleading possession practice present principle proceedings proved question Railway Railway Company reason received reference rent respect rule shares statute sufficient suit taken tion trial trustees Vict whole witnesses
Page 6 - 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...
Page 12 - ... upon such terms as may be just, at any time within one year after notice thereof, relieve a party from a judgment, order, or other proceeding, taken against him. through his mistake, inadvertence, surprise, or excusable neglect...
Page 12 - The court shall, in every stage of an action, disregard any error or defect in the pleadings or proceedings which shall not affect the substantial rights of the adverse party, and no judgment shall be reversed or affected by reason of such error or defect.
Page 94 - I do hereby disclaim, disavow, and solemnly abjure any intention to subvert the present church establishment, as settled by law within this realm...
Page 9 - In all cases of a verification of a pleading, the affidavit of the party must state that the same is true of his own knowledge, except as to the matters which are therein stated on his information or belief, and as to those matters that he believes it to be true...
Page 168 - The rule of the common law, that statutes in derogation! thereof are to be strictly construed, has no application to this code. The code establishes the law of this state respecting the subjects to. which it relates, and its provisions are to be liberally construed with a view to effect its objects and to promote justice.
Page 94 - I do declare, That I do not believe that the Pope of Rome, or any other Foreign Prince, Prelate, Person, State, or Potentate, hath or ought to have any Temporal or Civil Jurisdiction, Power, Superiority, or Pre-eminence, directly or indirectly, within this Realm...
Page 6 - An action does not abate by the death, marriage or other disability of a party, or by the transfer of any interest therein, if the cause of action survive or continue.
Page 8 - The defendant may demur to the complaint within the time required in the summons to answer, when it appears upon the face thereof, either : 1. That the court has no jurisdiction of the person of the defendant or the subject of the action; or, 2. That the plaintiff has not legal capacity to sue; or, 3. That there is another action pending between the same parties for the same cause; or, 4.
Page 9 - ... cause, unable to verify it, or the facts are within the knowledge of his attorney, or other person verifying the same. When the pleading is verified by the attorney, or any other person except...