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affidavit allegation allowed amended amount answer appear apply arrest attachment attorney authority averred bail Bank Barb Brown cause of action charge claim clerk commenced complaint constitution contract corporation court damages debt decree defendant demand demurrer determine direct discharged effect entitled evidence execution existing facts filed give given granted ground held interest Iowa issue judge judgment jurisdiction jury land liable lien limited manner matter ment Minn motion necessary notice objection officer Ohio party payment person plaintiff pleading possession proceedings proof proper proved question record recover residence rule served sheriff Smith statute sufficient suit summons sureties taken term therein thereof tion trial undertaking United unless verdict West witnesses writ
Page 380 - Anything which is injurious to health, or is indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property...
Page 500 - 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 77 - All power is inherent in the people, and all free governments are founded on their authority and instituted for their peace, safety and happiness.
Page 236 - No variance between the allegation in a pleading and the proof, is to be deemed material, unless it have actually misled the adverse party to his prejudice, in maintaining his action or defense upon the merits.
Page 93 - No Senator or Representative shall, during the time for which he shall have been elected, be appointed to any civil office of profit under this state, which shall have been created, or the emoluments of which shall have been increased during such term, except such offices as may be filled by elections by the people.
Page 541 - In the construction of a statute or instrument, the office of the judge is simply to ascertain and declare what is in terms or in substance contained therein, not to insert what has been omitted, or to omit what has been inserted; and where there are several provisions or particulars, such a construction is, if possible, to be adopted as will give effect to all.
Page 61 - He shall, before he is admitted to citizenship, declare on oath in open court that he will support the Constitution of the United States, and that he absolutely and entirely renounces and abjures all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty, and particularly by name to the prince, potentate, state or sovereignty of which he was before a citizen or subject...
Page 90 - Every act shall embrace but one subject and matters properly connected therewith; which subject shall be expressed in the title. But if any subject shall be embraced in an act, which shall not be expressed in the title, such act shall be void only as to so much thereof as shall not be expressed in the title.
Page 676 - I will abstain from all offensive personality, and advance no fact prejudicial to the honor or reputation of a party or witness, unless required by the justice of the cause with which...