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action admissible aforesaid afterwards alleged allowed amend answer appear applied Attorney authority bill brought called cause CHAPTER Circuit Court civil claim clerk Code Civ commission common law competent concerning Constitution contain copy costs counsel COUNTY criminal decree defendant demurrer deposition direct district Dollars entitled equity evidence examination exceptions existence expert facts filed further give given granted ground held interest interrogatories issue judge judgment judicial jurisdiction jury justice knowledge libel material matter means motion nature necessary notice oath objection opinion original paid party person plaintiff plea pleadings possession practice proceedings proof proper proved question reasonable received record refuse request rule SECTION shown statement Stats statute sufficient suit Supreme Court taken term testify testimony thereof tion trial United unless witness writ of error written
Page 127 - State in which a decision in the suit could be had, where is drawn in question the validity of a treaty or statute of, or an authority exercised under the United States, and the decision is against their validity; or where is drawn in question the validity of a statute of, or an authority exercised under any State, on the ground of their being repugnant to the constitution, treaties or laws of the United States...
Page 82 - Of the parties to the action, those who are united in interest must be joined as plaintiffs or defendants; but if the consent of any one,' who should have been joined as plaintiff, cannot be obtained, he may be made a defendant, the reason thereof being stated in the complaint...
Page 111 - That the circuit courts of the United States shall have original cognizance, concurrent with the courts of the several States, of all suits of a civil nature, at common law or in equity, where the matter in dispute exceeds, exclusive of interest and costs, the sum or value of two thousand dollars, and arising under the Constitution or laws of the United States...
Page 129 - forms and modes of proceeding in civil causes, other than equity and admiralty causes, in the circuit and district courts, shall conform, as near as may be, to the practice, pleadings, and forms and modes of proceeding existing at the time in like causes in the courts of record of the state within which such circuit or district courts are held, any rule of court to the contrary notwithstanding,
Page 83 - A defendant against whom an action is pending upon a contract, or for specific real or personal property, may, at any time before...
Page 92 - In pleading the performance of a condition precedent in a contract, it is not necessary to state the facts constituting performance ; but the party may state, generally, that he, or the person whom he represents, duly performed all the conditions on his part.
Page 83 - An intervention takes place, when a third person is permitted to become a party to an action or proceeding between other persons, either by joining the plaintiff in claiming what is sought by the complaint, or by uniting with the defendant in resisting the claims of the plaintiff, or by demanding anything adversely to both, the plaintiff and the defendant.
Page 289 - March 3, 1891, the plaintiff in error or appellant shall file with the clerk of the court below, with his petition for the writ of error or appeal, an assignment of errors, which shall set out separately and particularly each error asserted and intended to be urged.
Page 91 - ... 1. 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. In an action on contract, any other cause of action on contract, existing at the commencement of the action.