Section 21-29-9 – Objections and proof countervailing answer introduced by applicant at trial.
21-29-9. Objections and proof countervailing answer introduced by applicant at trial. On the trial the applicant is not precluded by the answer from any valid objection to its sufficiency and may countervail it by proof, either in direct denial or by way of avoidance. Source: CCivP 1877, §701; CL 1887, §5523; RCCivP 1903, §770; RC […]
Section 21-29-10 – Discretionary jury trial and postponement–Statement of question to be tried–Assessment of damages.
21-29-10. Discretionary jury trial and postponement–Statement of question to be tried–Assessment of damages. If an answer be made which raises a question as to a matter of fact essential to the determination of the motion, and affecting the substantial rights of the parties, and upon the supposed truth of which allegation the application for the […]
Section 21-29-11 – Verdict transmitted to court–Hearing on application.
21-29-11. Verdict transmitted to court–Hearing on application. If no notice of a motion for a new trial be given or, if given, the motion be denied, the clerk, within five days after rendition of the verdict or denial of the motion, must transmit to the court in which the application for the writ is pending […]
Section 21-29-1 – Power to issue writ–Purposes for which used.
21-29-1. Power to issue writ–Purposes for which used. The writ of mandamus may be issued by the Supreme and circuit courts, to any inferior tribunal, corporation, board, or person, to compel the performance of an act which the law specially enjoins as a duty resulting from an office, trust, or station; or to compel the […]