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action affirmed agreement alleged allowed amended amount answer appeal application attorney authority Bank bond brought cause charge Civil claim Code complaint conclusion consideration constitute contended continuance contract corporation deceased decree deed defendant demand denying determine direct distribution dollars effect entered entitled evidence execution existence fact filed finding fixed follows fund further give given granted ground hearing held hundred instruction intent interest issue Judge judgment jurisdiction jury land lots matter ment mortgage motion necessary notice objection opinion owner paid party payment person petition plaintiff possession present proceedings publication purchaser question reason received record reference refused release Respondent rule sold statute street subsequent sufficient Superior Court taken testimony thereof thousand tion trial trust witness writ
Page 233 - ... be submitted to the Legislature for its approval or rejection as a whole, without power of alteration or amendment.
Page 21 - When a grant of real property purports to be an absolute conveyance, but is intended to be defeasible on the performance of certain conditions, such grant is not defeated or affected as against any person other than the grantee or his heirs or devisees, or persons having actual notice, unless an instrument of defeasance, duly executed and acknowledged, shall have been recorded in the office of the county recorder of the county where the property is situated.
Page 79 - If the county in which the action is commenced is not the proper county for the trial thereof, the action may, notwithstanding, be tried therein, unless the defendant, at the time he appears and answers or demurs, files an affidavit of merits, and demands, in writing, that the trial be had in the proper county.
Page 264 - He must restore to the other party everything of value which he has received from him under the contract ; or must offer to restore the same, upon condition that such party shall do likewise, unless the latter is unable or positively refuses to do so.
Page 291 - There can be but one action for the recovery of any debt, or the enforcement of any right secured by mortgage upon real estate or personal property, which action must be in accordance with the provisions of this chapter.
Page vi - Court when so convened. The concurrence of four Justices present at the argument shall be necessary to pronounce a judgment in bank; but if four Justices, so present, do not concur in a judgment, then all the Justices qualified to sit in the cause shall hear the argument; but to render a judgment a concurrence of four Judges shall be necessary. In the determination of causes, all decisions of the Court in bank or in departments shall be given in writing, and the grounds of the decision shall be stated....
Page 731 - In an action for the breach of an obligation not arising from contract, where the defendant has been guilty of oppression, fraud, or malice, express or implied, the plaintiff, in addition to the actual damages, may recover damages for the sake of example and by way of punishing the defendant.— 1905:621.
Page 636 - Whenever an appeal is perfected, as provided in the preceding sections of this Chapter, it stays all further proceedings in the Court below upon the judgment or order appealed from...
Page 594 - Every person who inveigles or entices any unmarried female, of previous chaste character, under the age of eighteen years, into any house of ill-fame, or of assignation, or elsewhere, for the purpose of prostitution, or to have illicit carnal connection with any man; and every person who aids or assists in such inveiglement or enticement; and every person who.