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action Affirmed alleged allowed amount answer appeal appellee applied assigned authorities Bank Bergen bill bond cause charge circumstances cited claim Company consideration constitute contract corporation creditor debt decree deed defendant determine District Court dollars effect entitled equity error evidence exceptions execution facts filed finding further give given ground held hold improvements interest Iowa issue John judge judgment jurisdiction jury justice land levy lien matter meaning ment mortgage motion necessary notice objection obtained officer opinion original paid parties payment person petition plaintiff pleadings possession premises present prior proceeding purchaser question Railroad real estate reason received record recover reference refused rendered Revision rule secure sheriff sold statute sufficient suit sustained taken term testimony thereof tion trial verdict witness
Page 167 - That the constitution and all laws of the United States which are not locally inapplicable, shall have the s*ame force and effect within the said territory of Nebraska as elsewhere within the United States...
Page 537 - 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 order them to be brought in.
Page 167 - That the legislative power of the Territory shall extend to all rightful subjects of legislation consistent with the constitution of the United States and the provisions of this act ; but no law shall be passed interfering with the primary disposal of the soil ; no tax shall be imposed upon the property of the United States...
Page 602 - ... endeavors to deliver over such accused person or persons to the civil magistrate, and likewise to be aiding and assisting to the officers of justice in apprehending and securing the person or persons so accused, in order to bring him or them to trial.
Page 9 - ... or damage caused, unless the same was occasioned by the wilful act of the owner or his agent. And, in order to recover, it shall only be necessary for the owner to prove the injury or destruction of...
Page 433 - Every action must be prosecuted in the name of the real party in interest, except that an executor or administrator, a trustee of an express trust, or a person expressly authorized by statute, may sue, without joining with him the person for whose benefit the action is prosecuted. A person, with whom or in whose name, a contract is made for the benefit of another, is a trustee of an express trust, within the meaning of this section.
Page 495 - In the case of an assignment of a thing in action, the action by the assignee shall be without prejudice to any setoff or other defense, existing at the time of, or before notice of the assignment; but this Section shall not apply to a negotiable promissory note or bill of exchange, transferred in good faith, and upon good consideration, before due.
Page 115 - ... or for vacating, modifying, or otherwise disturbing a judgment or order, unless refusal to take such action appears to the court inconsistent with substantial justice. The court at every stage of the proceeding must disregard any error or defect in the proceeding which does not affect the substantial rights of the parties.
Page 527 - Every bidding is nothing more than an offer on one side, which is not binding on either side till it is assented to. But. according to what is now contended for, one party would be bound by the offer, and the other not, which can never be allowed.