Reports of Cases Argued and Determined in the Supreme Court of Judicature of the State of Indiana, Τόμος 13Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, James Buckley Black, Michael Crawford Kerr, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy Bobbs-Merrill Company, 1860 "With tables of the cases and principal matters" (varies). |
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Σελίδα 6
... executed , and not merely exe- cutory , and therefore not within the statute of frauds . 2. That it might have been performed within the year ; and , 3. That it was a contract of partnership between the parties , and not necessary to be ...
... executed , and not merely exe- cutory , and therefore not within the statute of frauds . 2. That it might have been performed within the year ; and , 3. That it was a contract of partnership between the parties , and not necessary to be ...
Σελίδα 7
... execution within the space of a year from the making . " Browne on Stat . of Frauds , § 273 . At § 283 , the same author remarks " that where the manifest intent and understanding of the parties are that the contract shall not be executed ...
... execution within the space of a year from the making . " Browne on Stat . of Frauds , § 273 . At § 283 , the same author remarks " that where the manifest intent and understanding of the parties are that the contract shall not be executed ...
Σελίδα 10
... executed on one side within the year , in a case where it was the intention of the parties , founded on a reasonable expectation , that it should be so executed , the statute does not apply , although performance on the other side was ...
... executed on one side within the year , in a case where it was the intention of the parties , founded on a reasonable expectation , that it should be so executed , the statute does not apply , although performance on the other side was ...
Σελίδα 11
... executed fully on both sides within the year , I think it is void . What difference does it make that one party can , while the other cannot , complete the contract within the year ? Such an agreement is not in terms excepted from the ...
... executed fully on both sides within the year , I think it is void . What difference does it make that one party can , while the other cannot , complete the contract within the year ? Such an agreement is not in terms excepted from the ...
Σελίδα 21
... executed so far as to take it out of the statute . In the learned and elaborate opinion of the Supreme Court , the doctrine that an executed contract is not within the statute , is fully recognized ; and the Court place their judgment ...
... executed so far as to take it out of the statute . In the learned and elaborate opinion of the Supreme Court , the doctrine that an executed contract is not within the statute , is fully recognized ; and the Court place their judgment ...
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Συχνά εμφανιζόμενοι όροι και φράσεις
action affidavit affirmed with costs agreement alleged amount answer APPEAL appellants appellee application assigned authority avers bill Blackf bond carrier Cause remanded cents champerty Circuit Court claim common carriers common law Common Pleas complaint consignee contract Court of Common Curiam.-The judgment damages and costs debts December December 16 deed defendant delivered demurrer divorce dollars entitled error et ux evidence execution fact fendant filed fraud held husband Indiana indorsed issue J.-Suit judgment is affirmed judgment is reversed jurisdiction jury justice land law merchant liable MCQUIGG ment misjoinder mortgage motion notice overruled paid paragraph party payment performed person plaintiff pleading possession proceedings promissory note question Railroad Co railroad company real estate received record recover refused rendered reversed with costs rule sold statute statute of frauds sued sufficient suit sustained taken Term thereof tion trial verdict void wife Wilson witness
Δημοφιλή αποσπάσματα
Σελίδα 8 - ... upon any agreement that is not to be performed within one year from the making thereof; unless the agreement upon which such action shall be brought, or some memorandum or note thereof shall be In writing, and signed by the party to be charged therewith, or some other person thereunto by him lawfully authorized.
Σελίδα 87 - And the said records and exemplifications, authenticated as aforesaid, shall have such faith and credit given to them in every court and office within the United States, as they have by law or usage in the courts or offices of the state from whence the same are or shall be taken.
Σελίδα 83 - If, without sufficient excuse, the defendant neglects to appear for arraignment or for trial or judgment, or upon any other occasion when his presence in court may be lawfully required, or to surrender himself in execution of the judgment, the court must direct the fact to be entered upon its minutes, and the undertaking of bail, or the money deposited instead of bail, as the case may be, must thereupon be declared forfeited.
Σελίδα 8 - Unless the promise, contract, or agreement, upon which such action shall be brought, or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith, or by some person thereunto by him lawfully authorized.
Σελίδα 230 - Conn. 293, where a testator devised property in trust for a grandson, who was, at the date of the will and at the death of the testator...
Σελίδα 301 - Court, and not to be impeached from within ; yet, like all other acts of the highest judicial authority, it is impeachable from without : although it is not permitted to show that the Court was mistaken, it may be shown that they were misled. Fraud is an extrinsic, collateral act ; which vitiates the most solemn proceedings of Courts of Justice. Lord Coke says, it avoids all judicial acts, ecclesiastical or temporal.
Σελίδα 191 - Two things have been confounded together. A warranty is an express or implied statement of something which the party undertakes shall be part of a contract ; and, though part of the contract, yet collateral to the express object of it.
Σελίδα 240 - No act shall ever be revised or amended by mere reference to its title ; but the act revised, or section amended, shall be set forth and published at full length.
Σελίδα 120 - Champerty is a species of maintenance and punished in the- same manner ; being a bargain with a plaintiff or defendant, campum partire, to divide the land or other matter sued for between them, if they prevail at law : whereupon the champertor is to carry on the party's suit at his own expense.
Σελίδα 87 - But this does not prevent an inquiry into the jurisdiction of the court in which the original judgment was given, to pronounce it; or the right of the State itself to exercise authority over the person or the subject-matter.