Τι λένε οι χρήστες - Σύνταξη κριτικής
Δεν εντοπίσαμε κριτικές στις συνήθεις τοποθεσίες.
Άλλες εκδόσεις - Προβολή όλων
A Treatise on the Law of Estoppel Or of Incontestable Rights
Melville Madison Bigelow
Δεν υπάρχει διαθέσιμη προεπισκόπηση - 2015
A Treatise on the Law of Estoppel, Or of Incontestable Rights
Melville Madison Bigelow
Δεν υπάρχει διαθέσιμη προεπισκόπηση - 2013
adjudication alleged Allen appeared assumpsit attornment authority Bank bill binding bond bound breach cause of action cited claim Clark collateral common law Concha conclusive Conn contract conveyance court held covenant creditor damages debt decision declared decree deed defendant demurrer doctrine effect equity estopped estoppel evidence execution fact favor fee simple feoffment foreign judgments former fraud garnishee grant grantor Gray ground heir impeach indorsement Iowa issue judg judgment rendered jurisdiction jury Justice land lease lessor liable litigation Lord Mass matter ment mortgage notice obtained Ohio St party payment Penn person personam plaintiff plea pleaded possession present privity proceedings purchaser question recital record recover regard replevin representation res judicata rule scire facias seisin Smith statute sued suit supra Supreme Court tenant testator tion trespass trover validity verdict warranty Wend
Σελίδα 349 - That the records and judicial proceedings of the courts of any state shall be proved or admitted in any other court within the United States, by the attestation of the clerk, and the seal of the court annexed, if there be a seal, together with a certificate of the judge, Chief Justice, or presiding magistrate, as the case may be, that the said attestation is in due form.
Σελίδα 607 - The rule of law is clear, that where one by his words or conduct wilfully causes another to believe the existence of a certain state of things, and induces him to act on that belief so as to alter his own previous position, the former is concluded from averring against the latter a different state of things as existing at the same time.
Σελίδα 294 - And the said records and judicial proceedings, authenticated as aforesaid, 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 whence the said records are or shall be taken.
Σελίδα 293 - Full faith and credit shall be given in each of these States to the records, acts, and judicial proceedings, of the courts and magistrates of every other State.
Σελίδα 98 - ... it must appear by the record of the prior suit that the particular controversy sought to be concluded was necessarily tried and determined; that is, if the record of the former trial shows that the verdict could not have been rendered without deciding the particular matter...
Σελίδα 353 - The records and judicial proceedings of the courts of any State or Territory, or of any such country, shall be proved or admitted in any other court within the United States, by the attestation of the clerk, and the seal of the court annexed, if there be a seal, together with a certificate of the judge, chief justice, or presiding magistrate, that the said attestation is in due form.
Σελίδα 118 - transit in rem judicatam/ — the cause of action is changed into matter of record, which is of a higher nature, and the inferior remedy is merged in the higher. This appears to be equally true where there is but one cause of action, whether it be against a single person or many. The judgment of a court of record changes the nature of that cause of action, and prevents its being the subject of another suit, and the cause of action, being single, cannot afterwards be divided into two.
Σελίδα 27 - ... where one by his words or conduct wilfully causes another to* believe in the existence of a certain state of things, and induces him to act on that belief, so as to alter his own previous position, the former is concluded from averring against the latter a different state of things as existing at the same time.
Σελίδα 296 - Another objection is that the act cannot have the effect contended for, because it does not enable the courts of another State to issue executions directly on the original judgment. This objection, if it were valid, would equally apply to every other court of the same State where the judgment was rendered. But it has no foundation. The right of a court to issue execution depends upon its own powers and organization. Its judgments may be complete and perfect, and have full effect independent of the...