The Statutes of the Territory of Kansas |
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Page 66
... pleadings , may be tried by a jury , upon an order for the trial , stating distinctly and plainly , Only questions the question of fact to be tried , and such order is the only au- tried by a jury . thority necessary for a trial . of ...
... pleadings , may be tried by a jury , upon an order for the trial , stating distinctly and plainly , Only questions the question of fact to be tried , and such order is the only au- tried by a jury . thority necessary for a trial . of ...
Page 78
... Pleading . 7. Mistakes in Pleading and Amendments . CHAPTER I. Pleadings in General . SEC . 82. That the pleadings are the written statements by the parties of the facts , constituting their respective claims and defences . SEO . 83 ...
... Pleading . 7. Mistakes in Pleading and Amendments . CHAPTER I. Pleadings in General . SEC . 82. That the pleadings are the written statements by the parties of the facts , constituting their respective claims and defences . SEO . 83 ...
Page 80
... pleaded in an action . only be pleaded founded on contract , and must be a cause of action arising upon in actions on contract , and must be a cause contract or ascertained by the decision of the court . of action upon contract . New ...
... pleaded in an action . only be pleaded founded on contract , and must be a cause of action arising upon in actions on contract , and must be a cause contract or ascertained by the decision of the court . of action upon contract . New ...
Page 81
... pleading in a court of record must be subscribed by the party or his attorney . for cause . be verified by Such pleading used in crimi- SEC . 106. That every pleading of fact must be verified by Pleadings must the affidavit of the party ...
... pleading in a court of record must be subscribed by the party or his attorney . for cause . be verified by Such pleading used in crimi- SEC . 106. That every pleading of fact must be verified by Pleadings must the affidavit of the party ...
Page 82
... pleading to be true . ficient . When a party is a non - resi- SEC . 110. That in all cases where the party pleading is a dent of or ab- non - resident of the county in which the action is brought , or if county the or he shall be absent ...
... pleading to be true . ficient . When a party is a non - resi- SEC . 110. That in all cases where the party pleading is a dent of or ab- non - resident of the county in which the action is brought , or if county the or he shall be absent ...
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Common terms and phrases
action affidavit allowed amount appear application appointed Approved arrest assessed attachment attorney Auditor authorized bail Board bond brought cause cents certified CHAPTER charged claim clerk collected Commissioners constable copy costs Council county treasurer court deed deemed defendant deliver deposit direct discharge district docket dollars duties effect election entered entitled evidence execution fact fees filed give given Governor hold House hundred interest issued judge judgment jury justice keep lands Legislative Assembly manner meeting ment necessary notice oath offence otherwise paid party peace person plaintiff President proceed proceedings proper prosecution receive record rendered Representatives respective served sheriff Signed sold sufficient suit summons Supervisors sureties taken taxes term Territory Territory of Kansas therein thereof tion town township treasurer trial undertaking unless warrant witness writ writing
Popular passages
Page 83 - 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 10 - Measures, is hereby declared inoperative and void; it being the true intent and meaning of this act not to legislate slavery into any Territory or State, nor to exclude it therefrom, but to leave the people thereof perfectly free to form and regulate their domestic institutions in their own way, subject only to the Constitution of the United States...
Page 7 - Writs of error and appeals from the final decisions of said supreme court shall be allowed, and may be taken to the Supreme Court of the United States, in the same manner and under the same regulations as from the circuit courts of the United States...
Page 78 - ... 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 107 - The verdict of a jury is either general or special. A general verdict Is that by which they pronounce generally upon all or any of the issues, either in favor of the plaintiff or defendant: a special verdict is that by which the jury find the facts only, leaving the judgment to the court.
Page 10 - the Constitution and all laws of the United States which are not locally inapplicable, shall have the same force and effect within the said Territory of Nebraska, as elsewhere within the United States...
Page 77 - 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; 2.
Page 161 - 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 6 - The governor shall nominate, and, by and with the advice and consent of the legislative council, appoint all officers not herein otherwise provided for ; and in the first instance the governor alone may appoint all said officers, who shall hold their offices until the end of the first session of the legislative assembly...
Page 106 - The jury must also, at each adjournment of the court, whether permitted to separate or kept in charge of officers, be admonished by the court that it is their duty not to converse among themselves or with anyone else on any subject connected with the trial, or to form or express any opinion thereon until the cause is finally submitted to them.