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action admitted agreed alleged allowed amount answer appeal apply asked authority bonds called cause charge cited civil claim common Company complaint Confederate consideration Constitution contract conveyed counsel creditors CURIAM debt decide deed defendant demand direct discharge dollars effect endorsement entitled error evidence exceptions execution executor express facts filed further give given ground guardian hands held Honor indictment interest issued John Jones Judge judgment jury Justice land liable ment motion necessary notice objection opinion paid party payment person plaintiff pleadings possession present prisoner proceedings promise proved purchaser question Railroad reason received record recover reference refused regard rule secured sell sheriff Smith sold Spring Term statute sufficient Superior Court taken Term tion tract trial tried trust verdict witness
Page 177 - Court is bound to give such judgment as the Court below ought to have given.
Page 243 - 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 147 - 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 4 - The distinction between actions at law and suits in equity, and the forms of all such actions and suits, heretofore existing, are abolished, and there shall be, in this state, hereafter, but one form of action, for the enforcement, or protection of private rights, and the redress of private wrongs, which shall be denominated a civil action.
Page 451 - The undertaking on appe.al must be in writing, and must be executed on the part of the appellant, by at least two sureties, to the effect that the appellant will pay all damages and costs which may be awarded against him on the appeal, or on a dismissal thereof, not exceeding three hundred dollars; or that sum must be deposited with the clerk with whom the judgment or order was entered, to abide the event of the appeal.
Page 7 - That in all controversies at law, respecting property, the ancient mode of trial by jury is one of the best securities of the rights of the people, and ought to remain sacred and inviolable.
Page 392 - And where a suit is now pending, or may be hereafter brought, in any State court, in which there is a controversy between a citizen of the State in which the suit is brought and a citizen of another State...
Page 16 - The flight of a person suspected of crime is a circumstance to be weighed by the jury as tending in some degree to prove a consciousness of guilt, and is entitled to more or less weight, according to the circumstances of the particular case. Such evidence is received, not as a part of the res gestae of the criminal act itself, but as indicative of a guilty mind.
Page 131 - That no debt created by the fraud or embezzlement of the bankrupt, or by his defalcation as a public officer, or while acting in any fiduciary character, shall be discharged under this act...
Page 242 - The relief granted to the plaintiff, if there be no answer, cannot exceed that which he shall have demanded in his complaint; but in any other case, the court may grant him any relief consistent with the case made by the complaint and embraced within the issue.