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9 Bull affidavit alimony alleged allowed amendment amount answer appear application assigned attachment attorney aver bill of exceptions bond cause of action charge circuit court claim clerk Clev commissioners common pleas contract copy corporation costs counter-claim court of common creditor damages debt decree defendant demurrer deposition discharged docket dower entitled evidence execution executor exempt facts filed fraud garnishee held homestead husband indorsed issue judge judgment debtor jurisdiction jurors jury justice land levy liable lien ment misjoinder mortgage motion necessary party notice officer payment person petition in error plaintiff plaintiff in error pleading purchase quo warranto real estate real property record recover refuse rendered replevin reversed revivor security for costs set-off sheriff specially pleaded statute sufficient suit summons surety term therein thereof tion trial trustees unless vacation verdict waived wife witness writ
Page 146 - The court may, either before or after judgment, in furtherance of justice, and on such terms as may be proper, amend any pleading, process or proceeding, by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect...
Page 480 - An order affecting a substantial right in an action, when such order in effect determines the action and prevents a judgment, and an order affecting a substantial right made in a special proceeding, or upon a summary application in an action after judgment, is a final order which may be vacated, modified or reversed, as provided in this title.
Page 504 - The writ of mandamus may be denominated the writ of mandate.— 1873-345. 1085. It may be issued by any court, except a justice's or police court, to any inferior tribunal, corporation, board, or person, to compel the performance of an act which the law specially enjoins, as a duty resulting from an office, trust, or station...
Page 101 - ... The defendant may demur to the complaint within the time required in the summons to answer, when it appears upon the face thereof, either: 1. That the court has no jurisdiction of the person of the defendant, or the subject of the action; or, 2.
Page 493 - ... such property by the appellant, he will not commit, or suffer to be committed, any waste thereon, and that if the judgment be affirmed, he will pay the value of the use and occupation of the property, from the time of the appeal until the delivery of possession thereof, pursuant to the judgment...
Page 234 - That the party objecting to the decision must except at the time the decision is made, and time may be given to reduce the exception to writing, but not beyond the term.
Page 366 - ... that the property or fund is in danger of being lost, removed, or materially injured: 2.
Page 329 - An order of attachment shall be made by the clerk of the court in which the action is brought, in any case mentioned in the preceding section, when there is filed in his office an affidavit of the plaintiff, his agent or attorney, showing : First.
Page 243 - Newly discovered evidence, material for the party making the application, which he could not, with reasonable diligence, have discovered and produced at the trial; 5.