A General Abridgment and Digest of American Law: With Occasional Notes and Comments, Τόμος 6Cummings, Hilliard & Company, 1824 |
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Αποτελέσματα 1 - 5 από τα 44.
Σελίδα 3
... Averments , giving colour , & c . 10. Notice and request : 11. Pleas since the last con- tinuance . These several branches in pleading , may here be briefly considered in this order , or referred to . ART . 1. Oyer of deeds . § 1. In ...
... Averments , giving colour , & c . 10. Notice and request : 11. Pleas since the last con- tinuance . These several branches in pleading , may here be briefly considered in this order , or referred to . ART . 1. Oyer of deeds . § 1. In ...
Σελίδα 14
... Averments . § 1. Averments are numerous and material in pleadings ; -3 Inst . Cl . and in almost every part of them . A general averment is the conclusion of every plea in bar , & c . containing matter affirmed ; " and this he is ready ...
... Averments . § 1. Averments are numerous and material in pleadings ; -3 Inst . Cl . and in almost every part of them . A general averment is the conclusion of every plea in bar , & c . containing matter affirmed ; " and this he is ready ...
Σελίδα 15
... averment is allowed to make it certain ; as if there be an express consideration mentioned is a material in a deed , as of money , another consideration may be aver- averment , or not ? Not , if red , so it be not contrary to the deed ...
... averment is allowed to make it certain ; as if there be an express consideration mentioned is a material in a deed , as of money , another consideration may be aver- averment , or not ? Not , if red , so it be not contrary to the deed ...
Σελίδα 16
... averment necessary in a declaration , where there are mutual remedies . § 14. An averment is vain , where the law judges the contrary . Negative pleas ought not to be averred ; for a negative plea cannot be proved ; but affirmative ...
... averment necessary in a declaration , where there are mutual remedies . § 14. An averment is vain , where the law judges the contrary . Negative pleas ought not to be averred ; for a negative plea cannot be proved ; but affirmative ...
Σελίδα 17
... averment of a good con- sideration given , shall be received ; for this is an averment that may stand with the deed , and the deed estops nothing consistent with it . § 18. So , in a common recovery a use may be averred ; 5 Co. 37 , 4 ...
... averment of a good con- sideration given , shall be received ; for this is an averment that may stand with the deed , and the deed estops nothing consistent with it . § 18. So , in a common recovery a use may be averred ; 5 Co. 37 , 4 ...
Άλλες εκδόσεις - Προβολή όλων
Συχνά εμφανιζόμενοι όροι και φράσεις
abatement accessary action adjudged admiralty aforesaid alleged allowed amended appear assumpsit attorney audita querela averment award bail bill bond brought Burr Caines cause committed common law Common Pleas costs covenant Cranch crimes damages debt declaration deed deft deft's demand demurrer disseizin dower ejectment evidence execution executor fact felony feoffment granted guilty heir held hoc paratus indictment Inst issue Johns joinder judge jurisdiction jurors jury justice land lease mandamus Mass Massachusetts matter ment non est factum notice offence party payment person plea in bar pleaded plt's possession principles proceedings punishment quo warranto Raym reason record recover replevin replication rule Salk Saund scire facias seized seizin shew statute Stra sued suit tenant thereof tiel tion traverse treason trespass trial trustee United usury verdict Wils writ of error writ of right
Δημοφιλή αποσπάσματα
Σελίδα 226 - And no subject shall be arrested, imprisoned, despoiled, or deprived of his property immunities, or privileges, put out of the protection of the law, exiled, or deprived of his life, liberty, or estate, but by the judgment of his peers, or the law of the land.
Σελίδα 385 - The Governor and Judges, or a majority of them, shall adopt and publish in the District, such laws of the original States, criminal and civil, as may be necessary, and best suited to the circumstances of the District...
Σελίδα 380 - That the Circuit Courts of the United States shall have original cognizance, concurrent with the courts of the several States, of all suits of a civil nature, at common law or in equity, where the matter in dispute exceeds, exclusive of interest and costs, the sum or value of two thousand dollars, and arising under the Constitution or laws of the United States...
Σελίδα 380 - States are plaintiffs, or petitioners; or an alien is a party, or the suit is between a citizen of the State where the suit is brought, and a citizen of another State.
Σελίδα 352 - ... saving to suitors, in all cases, the right of a common law remedy, where the common law is competent to give it...
Σελίδα 724 - States as before defined, and in every case in which any process issuing out of any Court of The United States shall be disobeyed or resisted by any Person or Persons having the custody of any Vessel of War, Cruiser, or other armed Vessel, of any Foreign Prince...
Σελίδα 379 - That the Supreme Court shall have exclusive jurisdiction of all controversies of a civil nature, where a State is a party, except between a State and its citizens ; and except, also, between a State and citizens of other States, or aliens, in which latter case it shall have original, but not exclusive jurisdiction.
Σελίδα 724 - ... for the purpose of preventing the carrying on of any such expedition or enterprise from the territories or jurisdiction of the United States against the territories or dominions of any f'oreign prince or state, or of any colony, district, or people with whom the United States are at peace.
Σελίδα 391 - ... where is drawn in question the validity of a treaty or statute of, or an authority exercised under the United States, and the decision is against their validity ; or where is drawn in question the validity of a statute of, or an authority exercised under any state, on the ground of their being repugnant to the constitution, treaties, or laws of the United States, and the decision is in favor of their validity...
Σελίδα 623 - THE third absolute right, inherent in every Englishman, is that of property : which consists in the free use, enjoyment, and disposal of all his acquisitions, without any control or diminution, save only by the laws of the land.