Laws of the Territory of IdahoTerritorial Printer, 1866 |
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Seite 81
... action for the enforcement or protection of private rights , and the redress or prevention of private wrongs , which shall be the same at law and in equity . SEC . 2. În such action , the party complaining shall be known as the ...
... action for the enforcement or protection of private rights , and the redress or prevention of private wrongs , which shall be the same at law and in equity . SEC . 2. În such action , the party complaining shall be known as the ...
Seite 82
... action , the action by the assignee shall be without prejudice to any set - off or other defense , existing at the time of , or before notice of the assign- ment ; but this section shall not apply to a negotiable promissory note , or ...
... action , the action by the assignee shall be without prejudice to any set - off or other defense , existing at the time of , or before notice of the assign- ment ; but this section shall not apply to a negotiable promissory note , or ...
Seite 83
... action , at the option of the plaintiff . SEC . 16. An action shall not abate by the death , or other disa- bility of the party , or by the transfer of any interest therein , if the cause of action survive or continue . In case of the ...
... action , at the option of the plaintiff . SEC . 16. An action shall not abate by the death , or other disa- bility of the party , or by the transfer of any interest therein , if the cause of action survive or continue . In case of the ...
Seite 84
... action shall be tried in the county in which the parties , or some of them , reside at the com- mencement of the action ; or , if none of the parties reside in the territory , the same may be tried in any county which the plaintiff may ...
... action shall be tried in the county in which the parties , or some of them , reside at the com- mencement of the action ; or , if none of the parties reside in the territory , the same may be tried in any county which the plaintiff may ...
Seite 85
... action is brought , twenty days . Second . If the defendant is served out of the county , but in the district in which the action is brought , thirty days . Third . In all other cases , forty days . SEC . 26. There shall also be ...
... action is brought , twenty days . Second . If the defendant is served out of the county , but in the district in which the action is brought , thirty days . Third . In all other cases , forty days . SEC . 26. There shall also be ...
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action affidavit allowed amount answer appear application appointed APPROVED arrest attorney auditor authorized bail cause certificate charge claim clerk collector commissioners committed complaint constitution conviction copy costs court deemed defendant delivered deposited direct discharged district district court dollars duties effect election entered entitled evidence examination exceeding execution fact filed five further enacted give given governor granted guilty hereby hold hundred Idaho imprisonment indictment interest issue judge judgment jurisdiction jury justice land legislative less magistrate manner ment months necessary notice oath offense otherwise paid party peace person plaintiff possession present prison proceed proceedings punished receive record rendered residence respective Second served sheriff specified sufficient summons taken term territory therein thereof Third thousand tion treasurer trial United unless verdict warrant witness writ writing
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Seite 83 - 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 then order them to be brought in...
Seite 325 - In all criminal prosecutions for libels, the truth may be given in evidence to the jury ; and if it shall appear to the jury that the matter charged as libelous is true, and was published with good motives and for justifiable ends, the party shall be acquitted ; and the jury shall have the right to determine the law and the fact.
Seite 30 - That nothing in this act contained shall be construed to impair the rights of person or property now pertaining to the Indians in said Territory, so long as such rights shall remain unextinguished by treaty between the United States and such Indians...
Seite 91 - In an action for libel or slander, it shall not be necessary to state in the complaint any extrinsic facts for the purpose of showing the application to the plaintiff of the defamatory matter out of which the cause of action arose ; but it shall be sufficient to state generally that the same was published or spoken concerning the plaintiff; and if such allegation be controverted, the plaintiff shall be bound to establish on the trial that it was so published or spoken.
Seite 91 - In the actions mentioned in the last section the defendant may, in his answer, allege both the truth of the matter charged as defamatory, and any mitigating circumstances, to reduce the amount of damages; and whether he prove the justification or not, he may give in evidence the mitigating circumstances.
Seite 82 - A trustee of an express trust, within the meaning of this section, shall be construed to include a person with whom or in whose name a contract is made for the benefit of another.
Seite 90 - In all cases of a verification of a pleading, the affidavit of the party must state that the same is true of his own knowledge, except as to the matters which are therein stated on his information or belief, and as to those matters that he believes it to be true...
Seite 64 - States, and that he doth absolutely and entirely renounce and abjure all allegiance and fidelity to every foreign prince, potentate, state or sovereignty whatever, and particularly, by name, the prince, potentate, state or sovereignty whereof he was before a citizen or subject; which proceedings shall be recorded by the clerk of the court.
Seite 106 - 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, when the justice of the case requires it, determine the ultimate rights of the parties on each side, as between themselves.
Seite 34 - Writs of error and appeals from the final decisions of said Supreme Court shall be allowed, and may be taken to the Supreme Court of the United States, in the same manner and under the same regulations as from the circuit courts of the United States, where the value...