General Laws of the Territory of Kansas1859 |
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Страница 64
... plaintiff's demand , conditioned that the obligors therein will pay the amount which may be found due to the plaintiff , together with costs . SEC . 10. If judgment be rendered for the plaintiff , before the boat is thus discharged , a ...
... plaintiff's demand , conditioned that the obligors therein will pay the amount which may be found due to the plaintiff , together with costs . SEC . 10. If judgment be rendered for the plaintiff , before the boat is thus discharged , a ...
Страница 65
... plaintiff to sue in the same manner as though the pro- visions of this chapter had not been enacted . SEC . 15. In actions , commenced in accordance with the provi- Petition . sions of this chapter , it is sufficient to allege the ...
... plaintiff to sue in the same manner as though the pro- visions of this chapter had not been enacted . SEC . 15. In actions , commenced in accordance with the provi- Petition . sions of this chapter , it is sufficient to allege the ...
Страница 71
... plaintiff , on proving that the plaintiff had notice of the said payment before such endorse- ment was made and accepted . Proof of payment dorsed before due allowed when in- if plaintiff had notice of payment before indorso- ment ...
... plaintiff , on proving that the plaintiff had notice of the said payment before such endorse- ment was made and accepted . Proof of payment dorsed before due allowed when in- if plaintiff had notice of payment before indorso- ment ...
Страница 83
... plaintiff and as the plaintiff , and the adverse party as the defendant . issues . SEC . 12. There can be no feigned issues ; but a question of To be no feigned fact , not put in issue by the pleadings , may be tried by a jury upon an ...
... plaintiff and as the plaintiff , and the adverse party as the defendant . issues . SEC . 12. There can be no feigned issues ; but a question of To be no feigned fact , not put in issue by the pleadings , may be tried by a jury upon an ...
Страница 85
... plaintiff be reversed , or if the plaintiff fail in such action , otherwise than upon the merits , and the time limited for the same , shall have expired , the plaintiff , or if he die and the cause of action survive , his ...
... plaintiff be reversed , or if the plaintiff fail in such action , otherwise than upon the merits , and the time limited for the same , shall have expired , the plaintiff , or if he die and the cause of action survive , his ...
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according action adjudged guilty allowed amount appear application appointed Approved arrest attachment attorney authorized bail bond cause cents certificate CHAPTER charged clerk committed confinement conviction copy corporation costs county jail court deemed defendant deliver depositions direct discharged district court dollars duty effect election entered entitled evidence exceeding execution fact fees filed five give given Governor granted hard labor hundred imprisonment indictment intent interest issued judge judgment jurors jury justice keep lands less manner meeting ment necessary notice oath offense officer otherwise paid party peace person plaintiff President prisoner probate proceed proceedings proper prosecuting punished receive record removed rendered respective served sheriff specified sufficient summons taken term Territory therein thereof third tion township trial unless vote warrant witness writ writing
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Страница 422 - ... or upon any agreement that is not to be performed within the space of one year from the making thereof; unless the agreement upon which such action shall be brought or some memorandum or note thereof shall be in writing, and signed by the party to be charged therewith...
Страница 88 - The court may determine any controversy between parties before it, when it can be done without prejudice to the rights of others, or by saving their rights ; but when a complete determination of the controversy cannot be had without the presence of other parties, the court must order them to be brought in.
Страница 168 - An order affecting a substantial right in an action, when such order in effect determines the action and prevents a judgment, and an order affecting a substantial right made in a special proceeding, or upon a summary application in an action after judgment, is a final order which may be vacated, modified or reversed, as provided in this title.
Страница 231 - That all murder, which shall be perpetrated by means of poison, or by lying in wait, or by any other kind of wilful, deliberate and premeditated killing, or which shall be committed in the perpetration or attempt to perpetrate any arson, rape, robbery, or burglary, shall be deemed murder of the first degree ; and all other kinds of murder shall be deemed murder in the second degree...
Страница 86 - 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...
Страница 129 - Newly discovered evidence, material for the party making the application, which he could not, with reasonable diligence, have discovered and produced at the trial; 5.
Страница 422 - no action shall be brought whereby to charge any executor or administrator upon any special promise to answer damages out of his own estate...
Страница 423 - ... unless the agreement, upon which such action shall be brought or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith, or some other person thereunto by him lawfully authorized.
Страница 97 - ... 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.
Страница 119 - Where it shall appear by the complaint, that the plaintiff is entitled to the relief demanded, and such relief, or any part thereof, consists in restraining the commission or continuance of some act the commission or continuance of which, during the litigation, would produce injury to the plaintiff...