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action affirmed alleged allowed amended amount answer appeal application assignee attorney authority Bank brought cause cent charge Civil claim Code Company complaint concurred constitute contract corporation damages deceased decree defendant denying determined direct dollars duty effect entered entitled error evidence examination execution facts favor filed findings follows fraud further given granted ground held hundred husband instruction interest issue Judge judgment jury land limitations matter ment mortgage motion named necessary notice objection opinion owner paid parties payment person plaintiff possession present principal proceedings proper purchase question reason received record recover refusing relation respondent reversed rule shares statute street sufficient suit Superior Court supra sustained taken testimony thereof tion trial verdict wife witness
Σελίδα 166 - A licensed physician or surgeon cannot without the consent of his patient, be examined in a civil action as to any information acquired in attending the patient, which was necessary to enable him to prescribe or act for the patient...
Σελίδα 383 - The rule of the common law, that statutes in derogation thereof are to be strictly construed, has no application to this code. The code establishes the law of this state respecting the subjects to which it relates, and its provisions and all proceedings under it are to be liberally construed, with a view to effect its objects and to promote justice.
Σελίδα 383 - It is not a mental discretion, to be exercised ex gratia, but a legal discretion, to be exercised in conformity with the spirit of the law and in a manner to subserve and not to impede or defeat the ends of substantial justice.
Σελίδα 96 - 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 arising on contract, any other cause of action arising also on contract, and existing at the commencement of the action.
Σελίδα 515 - The detriment caused by the breach of an agreement to convey an estate in real property, is deemed to be the price paid, and the expenses properly incurred in examining the title and preparing the necessary papers, with interest thereon; but adding thereto, in case of bad faith, the difference between the price agreed to be paid and the value of the estate agreed to be conveyed, at the time of the breach, and the expenses properly incurred in preparing to enter upon the land.
Σελίδα 80 - ... he has made at other times statements inconsistent with his present testimony, as provided in section 4-712; * * * ". Section 4-712 provides : "A witness may also be impeached by evidence that he has made, at other times, statements inconsistent with his present testimony...
Σελίδα 368 - The receiver has, under the control of the court, power to bring and defend actions in his own name, as receiver; to take and keep possession of the property, to receive rents, collect debts, to compound for and compromise the same, to make transfers, and generally to do such acts respecting the property as the court may authorize.
Σελίδα 119 - There can be but one action for the recovery of any debt, or the enforcement of any right secured by mortgage upon real estate or personal property, which action must be in accordance with the provisions of this chapter.
Σελίδα 379 - The relief granted to the plaintiff, if there be no answer, cannot exceed that which he shall have demanded in his complaint; but in any other case, the court may grant him any relief consistent with the case made by the complaint and embraced within the issue.