Annotated Ohio Code of Civil Procedure |
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Page 25
... aver or prove that she is a married woman , or the owner of a separate estate , or that she contracted the debt or obligation with reference to her separate estate , or for its benefit , 84 v . 132 ; see 14 Bull 399 ; 16 Bull , 291 ; 61 ...
... aver or prove that she is a married woman , or the owner of a separate estate , or that she contracted the debt or obligation with reference to her separate estate , or for its benefit , 84 v . 132 ; see 14 Bull 399 ; 16 Bull , 291 ; 61 ...
Page 67
... aver that they are such , or sue in their representative capacity , 10 Kas . 206 ; 1 W. L. M. 155 . Facts are to be stated positively , 1 D. 159 , and not on informa- tion or belief , 1 O. S. 504 ; 13 O. S. 228. An objection to this ...
... aver that they are such , or sue in their representative capacity , 10 Kas . 206 ; 1 W. L. M. 155 . Facts are to be stated positively , 1 D. 159 , and not on informa- tion or belief , 1 O. S. 504 ; 13 O. S. 228. An objection to this ...
Page 68
... aver that the plaintiff is a corporation , whether it is a domestic or foreign corporation , and , if the latter , the state , country , or government by or under whose laws it was created . The courts , it is held , will take notice of ...
... aver that the plaintiff is a corporation , whether it is a domestic or foreign corporation , and , if the latter , the state , country , or government by or under whose laws it was created . The courts , it is held , will take notice of ...
Page 70
... aver his appointment and title as such in partic- ular , 61 How . Pr . 494 ; but an allegation of appointment , with- out a statement of particulars and qualification , has been held sufficient on demurrer , 27 O. S. 366. The approved ...
... aver his appointment and title as such in partic- ular , 61 How . Pr . 494 ; but an allegation of appointment , with- out a statement of particulars and qualification , has been held sufficient on demurrer , 27 O. S. 366. The approved ...
Page 72
... aver consideration in actions on bills and notes . Consideration is imported , 18 O. S. 516. Under 5086 it is sufficient to set forth a copy of the instru- ment with the indorsements thereon , and to state that there is due to plaintiff ...
... aver consideration in actions on bills and notes . Consideration is imported , 18 O. S. 516. Under 5086 it is sufficient to set forth a copy of the instru- ment with the indorsements thereon , and to state that there is due to plaintiff ...
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Common terms and phrases
11 Bull affidavit alimony alleged amendment amount answer appear application assignment attachment attorney aver Barb bill Bliss Code Pl bond cause of action circuit court claim clerk Clev commissioners common pleas contract copy corporation costs counter-claim court of common creditor damages debt defendant demurrer denial deposition discharged docket dower entitled evidence execution executor facts filed fraud garnishee heirs held husband indorsement injunction interest issue judge thereof judgment debtor jurisdiction jurors jury justice land levy liable lien ment misjoinder mortgage motion necessary party notice officer payment person petition in error plaintiff plaintiff in error pleading proceedings proper party prosecution quo warranto real property record recover refuse rendered revivor set-off sheriff specially pleaded statute struck jury sufficient suit summons surety term therein tion trial trustee unless vacation verdict waived wife writ
Popular passages
Page 135 - The court may, before or after judgment, in furtherance of justice, and on such terms as may be proper, amend any pleading, process, or proceeding, by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect...
Page 138 - The court, in every stage of an action, must disregard any error or defect in the pleadings or proceedings which does 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 332 - In an action by a mortgagee for the foreclosure of his mortgage and sale of the mortgaged property, where it appears that the mortgaged property is in danger of being lost, removed, or materially injured...
Page 209 - No variance between the allegation in a pleading and the proof is to be deemed material, unless it has actually misled the adverse party to his prejudice in maintaining his action or defense upon the merits.
Page 325 - ... when during the litigation it appears that the defendant is doing or threatens or is about to do, or is procuring or suffering to be done, some act in violation of the plaintiff's rights respecting the subject of the action, and tending to render the judgment ineffectual, a temporary injunction may be granted to restrain such act.
Page 436 - The writ of mandamus may be denominated the writ of mandate.— 1873-345. 1085. It may be issued by any court, except a justice's or police court, to any inferior tribunal, corporation, board, or person, to compel the performance of an act which the law specially enjoins, as a duty resulting from an office, trust, or station...
Page 298 - An order of attachment shall be made by the clerk of the court in which the action is brought, in any case mentioned in the preceding section, when there is filed in his office an affidavit of the plaintiff, his agent or attorney, showing : First.
Page 45 - 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 223 - Judgment may be given for or against one or more of several plaintiffs, and for or against one or more of several defendants...
Page 50 - For the recovery of real property, or of an estate or interest therein, or for the determination, in any form, of such right or interest, and for injuries to real property; 2.