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action affidavit affirmative allowed amend answer appear application appointed attend attorney Bank Barb Bosw brought calendar called cause challenge charge circuit claim clerk Code complaint consent costs counsel court cross-examination decision defendant determine direct discretion effect entered entitled evidence examination exceptions favor filed further give given granted ground Hand hearing held inquest interest issues of fact Johns judge judgment jurors jury manner material matter merits mode motion move names necessary notice of trial objection obtain opening party person plaintiff pleadings postponement practice present proceed proceedings proof proper properly prove question reason referee refusal relation render rule separate served Smith specific statement statute sufficient summoned taken term testimony thereon Tiff tion tried unless usually verdict waived Wend witness York
Page 276 - 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 563 - ... of the county in which the property is situated, a notice of the pendency of the action...
Page 277 - 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 623 - In an action to recover the possession of personal property, judgment for the plaintiff may be for the possession or the value thereof, in case a delivery cannot be had, and damages for the detention.
Page 597 - In an action against several defendants, the court may, in its discretion, render judgment against one or more of them, leaving the action to proceed against the others, whenever a several judgment may be proper.
Page 247 - ... necessary to enable the court to give judgment or to carry the judgment into effect, the court may take the account or hear the proof, or may, in its discretion, order a reference for that purpose. And where the action is for the recovery of damages, in whole or in part, the court may order the damages to be assessed by a jury...
Page 11 - Trial by jury may be waived by the several parties to an issue " *•
Page 189 - When a verdict is found for the plaintiff in an action for the recovery of money, or for the defendant when a set-off for the recovery of money is established, beyond the amount of the plaintiff's claim as established, the jury must also assess the amount of the recovery...