An Act Making Further Provision for a Civil Government for Alaska, and for Other Purposes1900 - 610 pages |
Common terms and phrases
adverse party affidavit allowed amount answer appear application appointed arrest attorney bail cause of action certificate chapter charge claim clerk commenced commissioner complaint conveyance copy corporation costs court or judge creditor custody damages debt deceased deemed defendant deposition devisee direct discharge district court district of Alaska docket dollars per annum dower duties effect entitled evidence execution executor or administrator fees filed garnishee given guardian habeas corpus heirs hundred husband interest intestate issue judge thereof judgment debtor jury justice justice's court lands letters testamentary liable lien manner marriage marshal ment mortgage motion notice oath officer otherwise owner paid payment personal property plaintiff pleading possession precinct prescribed proceeding proceeds provisional remedy purchaser real property record recording district recover referees residence sold specified sufficient summons sureties taken therein thereto tion trial undertaking United unless verdict witness writ
Popular passages
Page 75 - ... a written undertaking, executed by two or more sufficient sureties, to the effect that they are bound in double the value of the property, as stated in the affidavit of the plaintiff, for the delivery thereof to the plaintiff, if such delivery be adjudged, and for the payment to him of such sum as may, for any cause, be recovered against the defendant.
Page 39 - No action shall abate by the death, marriage or other disability of a party, or by the transfer of any interest therein, if the cause of action survive or continue.
Page 57 - In the actions mentioned in the last section the defendant may, in his answer, allege both the truth of the matter charged as defamatory, and any mitigating circumstances, to reduce the amount of damages; and whether he prove the justification or not, he may give in evidence the mitigating circumstances.
Page 111 - A new trial is a re-examination of an issue of fact in the same court after a trial and decision by a jury, court, or referees.
Page 59 - A material allegation in a pleading is one essential to the claim or defense, and which could not be stricken from the pleading without leaving it insufficient.
Page 502 - When any person shall die seized of any lands, tenements or hereditaments, or of any right thereto, or entitled to any interest therein in fee simple, or for the life of another, not having lawfully devised the same, they shall descend, subject to his debts, in the manner following: First.
Page 74 - Where a delivery is claimed, an affidavit must be made by the plaintiff, or by some one in his behalf, showing : 1. That the plaintiff is the owner of the property claimed (particularly describing it), or is entitled to the possession thereof; 2.
Page 174 - Whenever it shall have forfeited its privileges or franchises, by failure to exercise its powers; or, 4. Whenever it shall have done or omitted any act, which amounts to a surrender of its corporate rights, privileges, and franchises ; or, 5. Whenever it shall exercise a franchise or privilege, not conferred upon it by law.
Page 495 - ... unless provision shall have been made for such issue by some settlement, or unless such issue shall be provided for in the will, or in such way mentioned therein, as to show an intention not to make such provision; and no other evidence to rebut the presumption of such revocation shall be received.
Page 235 - This section is not to be construed to prevent a party from compelling another to produce books, papers, or documents when he is examined as a witness.