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according action adjudged guilty allowed amount appear application appointed Approved arrest attachment attorney authorized bail bond cause cents certificate CHAPTER charged clerk committed confinement conviction copy corporation costs county jail court deemed defendant deliver depositions direct discharged district court dollars duty effect election entered entitled evidence exceeding execution fact fees filed five give given Governor granted hard labor hundred imprisonment indictment intent interest issued judge judgment jurors jury justice keep lands less manner meeting ment necessary notice oath offense officer otherwise paid party peace person plaintiff President prisoner probate proceed proceedings proper prosecuting punished receive record removed rendered respective served sheriff specified sufficient summons taken term Territory therein thereof third tion township trial unless vote warrant witness writ writing
Page 422 - ... or upon any agreement that is not to be performed within the space of one year from the making thereof; unless the agreement upon which such action shall be brought or some memorandum or note thereof shall be in writing, and signed by the party to be charged therewith...
Page 88 - 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 order them to be brought in.
Page 168 - An order affecting a substantial right in an action, when such order in effect determines the action and prevents a judgment, and an order affecting a substantial right made in a special proceeding, or upon a summary application in an action after judgment, is a final order which may be vacated, modified or reversed, as provided in this title.
Page 231 - That all murder, which shall be perpetrated by means of poison, or by lying in wait, or by any other kind of wilful, deliberate and premeditated killing, or which shall be committed in the perpetration or attempt to perpetrate any arson, rape, robbery, or burglary, shall be deemed murder of the first degree ; and all other kinds of murder shall be deemed murder in the second degree...
Page 86 - Every action must be prosecuted in the name of the real party in interest, except that an executor or administrator, a trustee of an express trust...
Page 129 - Newly discovered evidence, material for the party making the application, which he could not, with reasonable diligence, have discovered and produced at the trial; 5.
Page 422 - no action shall be brought whereby to charge any executor or administrator upon any special promise to answer damages out of his own estate...
Page 423 - ... unless the agreement, upon which such action shall be brought or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith, or some other person thereunto by him lawfully authorized.
Page 97 - ... 2. A statement of any new matter constituting a defense or counterclaim, in ordinary and concise language, without repetition." See. 171. The counterclaim mentioned in the last section must be one existing in favor of a defendant and against a plaintiff, between whom a several judgment might be had in the action, and arising out of one of the following causes of action: "1.
Page 119 - Where it shall appear by the complaint, that the plaintiff is entitled to the relief demanded, and such relief, or any part thereof, consists in restraining the commission or continuance of some act the commission or continuance of which, during the litigation, would produce injury to the plaintiff...