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action actual affidavit affirmed allegation allowed amendment amount answer appeal application attorney Bank Barb Bosw brought calendar cause chapter cited claim clerk Code Company complaint considered copy costs course court decision default defendant demand demurrer direct Duer E. D. Smith effect entered entitled entry evidence examination exceptions execution fact filed former give given granted ground held Hilt Insurance interest issue judge judgment jury Kern leave likewise manner matter ment motion nature necessary notice objection obtained officer original party payment person plaintiff pleading practice prescribed present proceedings proof proper provisions question Railroad reference refused regards relief rendered respect reversal rule Sandf Seld separate served specific stands statement statute stay subsequent sufficient suit supra taken term tion trial unless usual verdict whole witness York
Page 483 - Judgment may be given, for or against one or more of several plaintiffs, and for or against one or more of several defendants, and it may determine the ultimate rights of the parties on each side, as between themselves, and it may grant to the defendant any affirmative relief to which he may be entitled.
Page 483 - 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.
Page 157 - A cause of action, arising out of the contract or transaction set forth in the complaint as the foundation of the plaintiff's claim, or connected with the subject of the action.
Page 211 - In case of the death, or other disability, of a party, the court, on motion, may allow the action to be continued by or against his representative or successor in interest. In case of any other transfer of interest, the action may be continued in the name of the original party, or the court may allow the person to whom the transfer is made to be substituted in the action.
Page 262 - Any court in which an action is pending, or a judge thereof may, upon notice, order either party to give to the other, within a specified time, an inspection and copy, or permission to take a copy, of...
Page 888 - Every action must be prosecuted in the name of the real party in interest, except that an executor or administrator, a trustee of an express trust, or a person expressly authorized by statute, may sue, without joining with him the person for whose benefit the action is prosecuted. A person, with whom or in whose name, a contract is made for the benefit of another, is a trustee of an express trust, within the meaning of this section.
Page 713 - ... such property by the appellant, he will not commit, or suffer to be committed, any waste thereon...
Page 127 - Every agreement that, by its terms, is not to be performed within one year from the making thereof.
Page 10 - States to be holden in the district where the suit is pending, and offer good and sufficient surety for his entering in such court, on the first day of its session, copies of said process against him...