The Northwestern Reporter, Volume 34West Publishing Company, 1887 |
Autres éditions - Tout afficher
Expressions et termes fréquents
affidavit affirmed agreement alleged amount Appeal from circuit Appeal from district appellee assessment assignment attorney bill cause of action charge circuit court claim Code complaint contract counsel Court of Iowa creditors damages decree deed defendant defendant's delivered demurrer district court entitled error evidence execution fact fendant filed Gage county garnishee held injury instruction intoxicating liquors issued judge judgment jurisdiction jury justice land lease liable lien lumber Mahaska County mechanic's lien ment Minn motion N. W. Rep Nebraska note and mortgage notice Oconto county October October 11 Otoe county owner paid parties payment person petition plaintiff plaintiff in error possession premises proceedings purchase purpose question reason record recover rendered replevin respondent rule sold statute sufficient Supreme Court sustained tending to show testified testimony thereof tiff tion trial verdict void witness writ
Fréquemment cités
Page 47 - 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 50 - ... there shall be in this State hereafter, but one form of action, for the enforcement or protection of private rights and the redress or prevention of private wrongs, which shall be denominated a civil action.
Page 408 - Every mortgage or conveyance intended to operate as a mortgage of goods and chattels which shall hereafter be made which shall not be accompanied by an immediate delivery and followed by an actual and continued change of possession...
Page 56 - ... may instruct them, if they render a general verdict, to find upon particular questions of fact, to be stated in writing, and may direct a written finding thereon. The special verdict or finding must be filed with the clerk and entered upon the minutes. Where a special finding of facts is inconsistent with the general verdict, the former controls the latter, and the court must give judgment accordingly.— 1909-193.
Page 52 - But the causes of action, so united, must all belong to one of these classes, and, except in actions for the foreclosure of mortgages, must affect all the parties to the action, and not require different places of trial, and must be separately stated.
Page 99 - In Witness Whereof, the said parties of the first part have hereunto set their hands and seals the day and year first above written.
Page 56 - In an action for the recovery of money only, or specific real property, the jury, in their discretion, may render a general or special verdict. In all other cases the court may direct the jury to find a special verdict in writing, upon all, or any of the issues, and in all cases may instruct them, if they render a general verdict, to find upon particular questions of fact, to be stated in writing, and may direct a written finding thereon.
Page 349 - 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 59 - ... when the judgment requires the sale of property, the same may be enforced by a writ reciting such judgment, or the material parts thereof, and directing the proper officer to execute the judgment, by making the sale and applying the proceeds in conformity therewith...
Page 55 - The verdict of a jury is either general or special. A general verdict is that by which they pronounce generally upon all or any of the issues, either in favor of the plaintiff or defendant.