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action alleged allowed amount answer appeal application assignment authority bank brought cause charge Civil claim Code complaint consent considered constitute construction contract costs counsel damages decision deed defendant denied determine district court duty effect entered entitled error evidence exceptions execution fact filed follows further give given grant ground held husband injury instructions intent interest issue Judge judgment jury justice land marriage matter means ment mortgage motion necessary notice objection offered officer opinion owner paid parties passed payment person petition plaintiff possession present proceedings prove purchase question railroad reason received record recover referred refused relation rendered respondent rule statute sufficient suit Supreme Court sustained taken thereof tion trial verdict wife witness
384 페이지 - The rule of the common law, that statutes in derogation thereof are to be strictly construed, has no application to this code. The code establishes the law of this state respecting the subjects to which it relates, and its provisions and all proceedings under it are to be liberally construed, with a view to effect its objects and to promote justice.
284 페이지 - ... or upon any contract or sale of lands, tenements, or hereditaments, or any interest in or concerning them ; 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, or some other person thereunto by him lawfully authorized.
246 페이지 - The court may determine any controversy between the 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...
615 페이지 - These contracts are not articles of commerce in any proper meaning of the word. They are not subjects of trade and barter offered in the market as something having an existence and value independent of the parties to them. They are not commodities to be shipped or forwarded from one State to another, and then put up for sale.
191 페이지 - In the case of an assignment of a thing in action, the action by the assignee shall be without prejudice to any setoff or other defense, existing at the time of, or before notice of, the assignment; but this section shall not apply to a negotiable promissory notice, or bill of exchange, transferred in good faith, and upon good consideration before due.
562 페이지 - ... of another, his heirs or personal representatives may maintain an action for damages against the person causing the death, or if such person be employed by another person who is responsible for his conduct, then also against such other person. In every action under this and the preceding section, such damages may be given as under all the circumstances of the case, may be just.
282 페이지 - That the judicial power of said Territory shall be vested in a supreme court, district courts, probate courts, and justices of the peace.
356 페이지 - Marriage is a personal relation arising out of a civil contract, to which the consent of parties capable of making it is necessary. Consent alone will not constitute marriage; it must be followed by a solemnization, or by a mutual assumption of marital rights, duties, or obligations.
178 페이지 - 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.