Annotated Ohio Code of Civil Procedure |
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Results 1-5 of 87
Page 16
... refuses to join as plaintiff he may be made a party defendant , 38 Cal . 514 ; see 11 O. S. 374 , 378 . The test of the assignability of a claim is whether it survives or not . Causes of action which survive to the personal ...
... refuses to join as plaintiff he may be made a party defendant , 38 Cal . 514 ; see 11 O. S. 374 , 378 . The test of the assignability of a claim is whether it survives or not . Causes of action which survive to the personal ...
Page 17
... refuses or neglects to sue for property fraudulently trans- ferred , the creditors may do so and make the assignee , the debtor and transferee parties , 72 N. Y. 70 . Büls and notes - see assignee . The party having the right to the ...
... refuses or neglects to sue for property fraudulently trans- ferred , the creditors may do so and make the assignee , the debtor and transferee parties , 72 N. Y. 70 . Büls and notes - see assignee . The party having the right to the ...
Page 18
... refusing to do so , to set aside a sale made by a corporation previous to dissolution for the purpose of defrauding its creditors , 40 O. S. 575 . Insurance . Where a policy is on account of whom it may con- cern , the person to whom it ...
... refusing to do so , to set aside a sale made by a corporation previous to dissolution for the purpose of defrauding its creditors , 40 O. S. 575 . Insurance . Where a policy is on account of whom it may con- cern , the person to whom it ...
Page 24
... refusal or neglect of the sheriff to enforce it , 41 O. S. 591. To recover an excess over the balance due on a judgment , received by the judgment creditor , the owner of the land encumbered by the judgment lien may maintain the action ...
... refusal or neglect of the sheriff to enforce it , 41 O. S. 591. To recover an excess over the balance due on a judgment , received by the judgment creditor , the owner of the land encumbered by the judgment lien may maintain the action ...
Page 32
... refuses to answer for them , 14 O. S. 200 . Joint mortgagees may unite in foreclosure , Pomeroy Rem . 2 255 ; and persons having a united interest in the debt secured , even if their interests be several , Jones Mortg . 2 1368 ; and ...
... refuses to answer for them , 14 O. S. 200 . Joint mortgagees may unite in foreclosure , Pomeroy Rem . 2 255 ; and persons having a united interest in the debt secured , even if their interests be several , Jones Mortg . 2 1368 ; and ...
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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.