Laws of the Territory of Idaho1864 11th sess., 1880/81, includes Code of civil procedure |
Contents
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Common terms and phrases
action affidavit amount answer appear application appointed APPROVED arrest auditor bail Boise county bond cause certificate charge claim clerk committed complaint conviction copy county commissioners county treasurer court or judge custody deemed defendant deliver deposited direct discharged district court duties election entered entitled execution executor or administrator filed further enacted governor grand jury granted guilty hereby hundred dollars Idaho as follows Idaho county Idaho territory imprisonment indictment issue J. S. Wilson judgment debtor jurisdiction juror justice land Legislative Assembly letters testamentary liable lien magistrate manner ment Nez Perce county notice oath paid payment plaintiff pleadings prescribed probate court probate judge proceed proceedings public offence punished real property record redemptioner referees residence road sheriff specified summons sureties surveyor territorial prison Territory of Idaho therein thereof thereto thousand dollars tion toll trial United verdict warrant witness writ
Popular passages
Page 80 - 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 then order them to be brought in...
Page 28 - That nothing in this act contained shall be construed to impair the rights of person or property now pertaining to the Indians in said Territory, so long as such rights shall remain unextinguished by treaty between the United States and such Indians...
Page 78 - 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 457 - In all criminal prosecutions for libels, the truth may be given in evidence to the jury ; and if it shall appear to the jury that the matter charged as libelous is true, and was published with good motives and for justifiable ends, the party shall be acquitted ; and the jury shall have the right to determine the law and the fact.
Page 78 - 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 trustee of an express trust, within the meaning of this section, shall be construed to include a person with whom or in whose name a contract is made for the benefit of another.
Page 89 - In pleading a judgment or other determination of a court or officer of especial jurisdiction, it shall not be necessary to state the facts conferring jurisdiction, but such judgment or determination may be stated to have been duly given or made. If such allegation be controverted, the party pleading shall be bound to establish on the trial the facts conferring jurisdiction.
Page 551 - If a person against •whom an action may be brought, die before the expiration of the time limited for the commencement thereof, and the cause of action survives, an action may be commenced against his executors or administrators, after the expiration of that time and within one year after the issuing of letters testamentary or of administration.
Page 64 - States, and that he doth absolutely and entirely renounce and abjure all allegiance and fidelity to every foreign prince, potentate, state or sovereignty whatever, and particularly, by name, the prince, potentate, state or sovereignty whereof he was before a citizen or subject; which proceedings shall be recorded by the clerk of the court.
Page 32 - Writs of error and appeals from the final decisions of said Supreme Court shall be allowed, and may be taken to the Supreme Court of the United States, in the same manner and under the same regulations as from the circuit courts of the United States, where the value...
Page 92 - When the defendant has been guilty of a fraud in contracting the debt, or incurring the obligation for which the action is brought, or in concealing or disposing of the property for the taking, detention or conversion of which the action is brought, or when the action is brought to recover damages for fraud or deceit.