The Law Magazine: Or, Quarterly Review of Jurisprudence, Τόμος 14;Τόμος 45Saunders and Benning, 1851 |
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Σελίδα 18
... plea- sure from this task , and we rise from it with increased respect for a people who could , with an energy of will characteristic of the American nation , resolve to throw off a system which , though sanctioned by the practice of ...
... plea- sure from this task , and we rise from it with increased respect for a people who could , with an energy of will characteristic of the American nation , resolve to throw off a system which , though sanctioned by the practice of ...
Σελίδα 78
... plea on another ground , but took no point that it was bad for not show- ing that the shore was part of the manor by grant , & c . , as they would have done ( it would seem ) if the modern doctrine of the dicta , that the shore is primâ ...
... plea on another ground , but took no point that it was bad for not show- ing that the shore was part of the manor by grant , & c . , as they would have done ( it would seem ) if the modern doctrine of the dicta , that the shore is primâ ...
Σελίδα 117
... plea then stated a de- fault in such last instalments , upon which a warrant was issued out of the court for the plaintiff's committal , under which the defendant justified . On demurrer to this plea it was attempted by counsel for the ...
... plea then stated a de- fault in such last instalments , upon which a warrant was issued out of the court for the plaintiff's committal , under which the defendant justified . On demurrer to this plea it was attempted by counsel for the ...
Σελίδα 164
... plea that is , he may object to its legal sufficiency , and if the objection is disallowed , he is therefore and thereby held confessed to the fact , and judgment is forthwith given against him without any further argument or inquiry ...
... plea that is , he may object to its legal sufficiency , and if the objection is disallowed , he is therefore and thereby held confessed to the fact , and judgment is forthwith given against him without any further argument or inquiry ...
Σελίδα 186
... plea recorded . The trial is then appointed to take place more than a month later , when the court consists of three or more of the justices of the supreme judicial court : as is requisite in all capital trials , according to the ...
... plea recorded . The trial is then appointed to take place more than a month later , when the court consists of three or more of the justices of the supreme judicial court : as is requisite in all capital trials , according to the ...
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action agreement alleged allowed amount answer appear apply appointed authority award bill brought called cause Chanc charge Church circumstances claim common consideration contained contract costs County court covenant death debt decision deed defendant directed duty effect England entered entitled equity evidence Exch execution executors expressed fact give given granted ground Held House indictment interest issue judge judgment judicial jurisdiction jury justice land letter Lord matter means ment nature necessary notice object obtained opinion paid party passed payment person plaintiff plea pleading possession practice present principle proceedings proved question Railway Railway Company reason received reference rent respect rule shares statute sufficient suit taken tion trial trustees Vict whole witnesses
Δημοφιλή αποσπάσματα
Σελίδα 6 - 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...
Σελίδα 12 - ... upon such terms as may be just, at any time within one year after notice thereof, relieve a party from a judgment, order, or other proceeding, taken against him. through his mistake, inadvertence, surprise, or excusable neglect...
Σελίδα 12 - The court shall, in every stage of an action, disregard any error or defect in the pleadings or proceedings which shall not affect the substantial rights of the adverse party, and no judgment shall be reversed or affected by reason of such error or defect.
Σελίδα 94 - I do hereby disclaim, disavow, and solemnly abjure any intention to subvert the present church establishment, as settled by law within this realm...
Σελίδα 9 - In all cases of a verification of a pleading, the affidavit of the party must state that the same is true of his own knowledge, except as to the matters which are therein stated on his information or belief, and as to those matters that he believes it to be true...
Σελίδα 168 - 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 are to be liberally construed with a view to effect its objects and to promote justice.
Σελίδα 94 - I do declare, That I do not believe that the Pope of Rome, or any other Foreign Prince, Prelate, Person, State, or Potentate, hath or ought to have any Temporal or Civil Jurisdiction, Power, Superiority, or Pre-eminence, directly or indirectly, within this Realm...
Σελίδα 6 - An action does not 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.
Σελίδα 8 - The defendant may demur to the complaint within the time required in the summons to answer, when it appears upon the face thereof, either : 1. That the court has no jurisdiction of the person of the defendant or the subject of the action; or, 2. That the plaintiff has not legal capacity to sue; or, 3. That there is another action pending between the same parties for the same cause; or, 4.
Σελίδα 9 - ... cause, unable to verify it, or the facts are within the knowledge of his attorney, or other person verifying the same. When the pleading is verified by the attorney, or any other person except...