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action affidavit allegation allowed amendment amount answer appear apply appointed arrest attachment attorney authority bail Bank Barb cause cause of action certificate citizens claim clerk commenced complaint Congress constitution contract copy corporation court damages debt decree defendant demand demurrer determined direct duty effect entitled evidence execution facts filed give given granted ground held interest issue judge judgment judicial jurisdiction jury land liable lien limited manner matter ment motion nature necessary notice objection officer otherwise party person plaintiff pleading possession proceeding proof proper proved question record recover residence rule served sheriff Smith statute sufficient suit summons sureties taken term therein thereof tion trial undertaking United unless verdict Wall witness writ writing
Seite 370 - Anything which is injurious to health, or is indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property...
Seite 490 - 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...
Seite 67 - All power is inherent in the people, and all free governments are founded on their authority and instituted for their peace, safety and happiness.
Seite 226 - No variance between the allegation in a pleading and the proof, is to be deemed material, unless it have actually misled the adverse party to his prejudice, in maintaining his action or defense upon the merits.
Seite 83 - No Senator or Representative shall, during the time for which he shall have been elected, be appointed to any civil office of profit under this state, which shall have been created, or the emoluments of which shall have been increased during such term, except such offices as may be filled by elections by the people.
Seite 531 - In the construction of a statute or instrument, the office of the judge is simply to ascertain and declare what is in terms or in substance contained therein, not to insert what has been omitted, or to omit what has been inserted; and where there are several provisions or particulars, such a construction is, if possible, to be adopted as will give effect to all.
Seite 51 - He shall, before he is admitted to citizenship, declare on oath in open court that he will support the Constitution of the United States, and that he absolutely and entirely renounces and abjures all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty, and particularly by name to the prince, potentate, state or sovereignty of which he was before a citizen or subject...
Seite 80 - Every act shall embrace but one subject and matters properly connected therewith; which subject shall be expressed in the title. But if any subject shall be embraced in an act, which shall not be expressed in the title, such act shall be void only as to so much thereof as shall not be expressed in the title.
Seite 666 - I will abstain from all offensive personality, and advance no fact prejudicial to the honor or reputation of a party or witness, unless required by the justice of the cause with which...
Seite 220 - In pleading a judgment, or other determination of a court, or officer of special jurisdiction, it shall not be necessary to state the facts conferring jurisdiction; but such judgment or determination may be stated to have been duly given or made.