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action agreed alleged allowed amount answer appeal applied assignment attachment authority bill brought cause charge circuit court claim complainant consideration considered constitution construction contract costs counsel creditors damages debt deed defendant determine district court duty effect entered entitled error evidence examination execution fact Filed follows further give given ground held hold instruction intent interest issue judge judgment jury justice land levy lien matter mortgage motion N. W. REP necessary notice objection opinion owner paid party payment person petition plaintiff possession premises presented proceedings proper purchase question reason received record recover reference refused removal rendered respondent rule sold statute sufficient suit sustained taken testimony thereof tion trial verdict wife witness
Page 314 - And when in any suit mentioned in this section there shall be a controversy which is wholly between citizens of different states, and which can be fully determined as between them, then either one or more of the defendants actually interested in such controversy may remove said suit into the circuit court of the United States for the proper district.
Page 469 - In an action against several defendants, the court may, in its discretion, render judgment against one or more of them, leaving the action to proceed against the others, whenever a several judgment may be proper.
Page 444 - An action is an ordinary proceeding in a court of justice, by which a party prosecutes another party for the enforcement or protection of a right, the redress or prevention of a wrong, or the punishment of a public offence. § 3. Every other remedy is a special proceeding.
Page 74 - Such notice may be given either to the person in actual possession of the goods or to his principal. In the latter case the notice, to be effectual, must be given at such time and under such circumstances that the principal, by the exercise of reasonable diligence, may communicate it to his servant or agent in time to prevent a delivery to the buyer.
Page 123 - Public Instruction, or Members of the State Board of Education, or any other officer of the State, except legislative and judicial, elective or appointed, and to appoint a successor for the remainder of their respective unexpired term of office, and report the causes of such removal to the Legislature at its next session.
Page 431 - But if the Governor of Ohio refuses to discharge this duty, there is no power delegated to the general Government, either through the judicial department, or any other department, to use any coercive means to compel him.
Page 474 - A cause of action arising out of the contract or transaction set forth in the complaint as the foundation of the plaintiff's claim, or connected with the subject of the action; 2.
Page 245 - Such judgment or adjudication is final and conclusive, not only as to the matter actually determined, but as to every other matter which the parties might have litigated and have...