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action affirmed agreed agreement alleged allowed amendment amount answer Appellant applied assignment attorney authority cause charge claim Code Code of Civil Company complaint concurred consent constitution contract corporation County crime damages deceased defendant defendant's denying determined direct district dollars duty effect entered entitled error evidence exceptions execution facts favor filed finding follows further give given granted ground held hundred instruction interest issue Judge judgment jury land lien matter ment motion necessary notice objection opinion owner paid parties payment person petition plaintiff possession premises present proof proper prove purchase question reason received record reference refused rendered request Respondent rule statement statute street sufficient Superior Court sustained taken tending testimony thereof tion trial verdict witness
Page 400 - The rule of the common law, that penal statutes are to be strictly construed, has no application to this code. All its provisions are to be construed according to the fair import of their terms, with a view to effect its objects and to promote justice.
Page 571 - Upon a trial for murder, the commission of the homicide by the defendant being proved, the burden of proving circumstances of mitigation, or that justify or excuse it, devolves upon him, unless the proof on the part of the prosecution tends to show that the crime committed only amounts to manslaughter, or that the defendant was justifiable or excusable.
Page 527 - The words of a will are to be taken in their ordinary and grammatical sense, unless a clear intention to use them in another sense can be collected, and that other can be ascertained.
Page 2 - ... with the intent of arousing, appealing to, or gratifying the lust or passions or sexual desires of such person or of such child, shall be guilty of a felony and shall be imprisoned in the State prison for a term of from one year to life.
Page 144 - Suits may be brought against the State in such manner and in such Courts as shall be directed by law.
Page 231 - A private person may maintain an action for a public nuisance, if it is specially injurious to himself, but not otherwise.
Page 719 - Having no absolute right of recognition in other States but depending for such recognition and the enforcement of its contracts upon their assent, it follows, as a matter of course, that such assent may be granted upon such terms and conditions as those States may think proper to impose. They may exclude the foreign corporation entirely ; they may restrict its business to particular localities, or they may exact such security for the performance of its contracts with their citizens as in their judgment...
Page 669 - When the death of a person not being a minor is caused by the wrongful act or neglect 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.
Page 184 - Any county, city, town, or township may make and enforce within its limits all such local, police, sanitary, and other regulations as are not in conflict with general laws.
Page v - Courts; also, in all cases at law which involve the title or possession of real estate, or the legality of any tax, impost, assessment, toll, or municipal fine, or in which the demand, exclusive of interest, or the value of the property in controversy, amounts to three hundred dollars...