The American Decisions: Containing All the Cases of General Value and Authority Decided in the Courts of the Several States, from the Earliest Issue of the State Reports to the Year 1869, Τόμος 25Bancroft-Whitney, 1886 |
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Σελίδα 34
... suit . In support of this position , they cite the following authorities : Gordon v . Bowne , 2 Johns . 150 ; Howlet et al . v . Strickland , Cowp . 56 ; Colson et al . v . Welsh , 1 Esp . 379 ; Brown v . Cuming , 2 Cai . 33 : Crawford ...
... suit . In support of this position , they cite the following authorities : Gordon v . Bowne , 2 Johns . 150 ; Howlet et al . v . Strickland , Cowp . 56 ; Colson et al . v . Welsh , 1 Esp . 379 ; Brown v . Cuming , 2 Cai . 33 : Crawford ...
Σελίδα 49
... suit , relative to the subject - matter of the suit , are in themselves evidence against him in the suit ; and , if a counsel chooses to ask a witness anything which may have been said by an adverse party , the counsel for that party ...
... suit , relative to the subject - matter of the suit , are in themselves evidence against him in the suit ; and , if a counsel chooses to ask a witness anything which may have been said by an adverse party , the counsel for that party ...
Σελίδα 50
... suit . And as the jury may give more than the debt , so they may give less ; and if it should be found by them that the failure of the officer to return the writ was owing to a mere mistake , in consequence of which the party had ...
... suit . And as the jury may give more than the debt , so they may give less ; and if it should be found by them that the failure of the officer to return the writ was owing to a mere mistake , in consequence of which the party had ...
Σελίδα 60
... suits in chancery is discre- tionary with the court . TESTIMONY OF Party to a Suit , given voluntarily and against his interest , is admissible . BILL FOR THE SPECIFIC EXECUTION of a contract relating to chattels merely , does not lie ...
... suits in chancery is discre- tionary with the court . TESTIMONY OF Party to a Suit , given voluntarily and against his interest , is admissible . BILL FOR THE SPECIFIC EXECUTION of a contract relating to chattels merely , does not lie ...
Σελίδα 63
... SUIT MAY BE A WITNESS when voluntarily appearing against his own interest : Johnson v . Blackman , 11 Conn . 347 ; Woodruff v . Westcott , 12 Id . 137 ; Butler v . Elliott , 15 Id . 205 ; Beecher v . Buckingham , 18 Id . 119 . Followed ...
... SUIT MAY BE A WITNESS when voluntarily appearing against his own interest : Johnson v . Blackman , 11 Conn . 347 ; Woodruff v . Westcott , 12 Id . 137 ; Butler v . Elliott , 15 Id . 205 ; Beecher v . Buckingham , 18 Id . 119 . Followed ...
Άλλες εκδόσεις - Προβολή όλων
The American Decisions: Containing All the Cases of General Value ..., Τόμος 46 Πλήρης προβολή - 1886 |
The American Decisions: Containing All the Cases of General Value ..., Τόμος 30 Πλήρης προβολή - 1886 |
The American Decisions: Containing All the Cases of General Value ..., Τόμος 49 Πλήρης προβολή - 1886 |
Συχνά εμφανιζόμενοι όροι και φράσεις
action admissible admitted alleged Allin appear appellees applied assignment assumpsit attachment authority Bank bona fide purchaser bond Caroline Calvert cause chancery charge circuit court cited claim common law complainant consideration constitution contended contract conveyance conveyed counsel court of chancery court of equity covenant covin creditors damages debt debtor decision declaration decree deed defendant demand dollars entitled equity evidence execution executor facts fraud fraudulent granted grantor heirs held intention issue Johns judge judgment jury land liable lien matter ment mill mortgage necessary non est factum notice objection obligation officer opinion owner paid parties payment person plaintiff plaintiff in error plea pleaded possession principle promise proof proved question recover rule scire facias Shadburne sheriff Smith sold statute statute of frauds statute of limitations sufficient suit sustained testator tion trespass trial vendee vendor verdict void warranty William Vance writ
Δημοφιλή αποσπάσματα
Σελίδα 450 - That no action shall be brought whereby to charge any person upon or by reason of any representation or assurance made or given concerning or relating to the character, conduct, credit, ability, trade, or dealings of any other person, to the intent or purpose that such other person may obtain credit, money, or goods upon, unless such representation or assurance be made in writing, signed by the party to be charged therewith.
Σελίδα 319 - And the said records and judicial proceedings, so authenticated, shall have such faith and credit given to them in every court within the United States as they have by law or usage in the courts of the state from which they are taken.
Σελίδα 686 - That no freeman ought to be taken, imprisoned, or disseized of his freehold, liberties, or privileges, or outlawed, or exiled, or in any manner destroyed or deprived of his life, liberty, or property, but by the law of the land.
Σελίδα 73 - In its enlarged, and perhaps its literal sense, the term ' bill of credit ' may comprehend any instrument by which a State engages to pay money at a future day ; thus including a certificate given for money borrowed. But the language of the Constitution itself, and the mischief to be prevented, which we know from the history of our country, equally limit the interpretation of the terms. The word
Σελίδα 541 - From the variety of cases relative to judgments being given in evidence in civil suits, these two deductions seem to follow as generally true: first, that the judgment of a Court of concurrent jurisdiction, directly upon the point, is as a plea, a bar, or as evidence, conclusive, between the same parties, upon the same matter, directly in question in another Court...
Σελίδα 690 - Offices, which are a right to exercise a public or private employment, and to take the fees and emoluments thereunto belonging, are also incorporeal hereditaments, whether public, as those of magistrates, or private, as of bailiffs, receivers, and the like.
Σελίδα 73 - emit bills of credit,' conveys to the mind the idea of issuing paper intended to circulate through the community for its ordinary purposes, as money, which paper is redeemable at a future day. This is the sense in which the terms have been always understood.
Σελίδα 704 - A government office is different from a government contract. The latter, from its nature, is necessarily -limited in its duration and specific in its objects. The terms agreed upon define the rights and obligations of both parties, and neither may depart from them without the assent of the other.
Σελίδα 41 - If this action could be maintained, every turnpike act, paving act, and navigation act, would give rise to an infinity of actions. If the legislature think it necessary, as they do in many cases, they enable the commissioners to award satisfaction to the individuals who happen to suffer. But if there be no such power the parties are without remedy, provided the commissioners do not exceed their jurisdiction.
Σελίδα 365 - ... or any part thereof, to which insurers are liable by the rules and customs of insurance...