Delaware Reports: Containing Cases Decided in the Supreme Court (excepting Appeals from the Chancellor) and the Superior Court and the Orphans Court of the State of Delaware, Τόμος 3David Thomas Marvel, John W. Houston, Samuel Maxwell Harrington, James Pennewill, William Watson Harrington, William Henry Boyce, William J. Storey, Charles L. Terry Mercantile Print. Company, 1844 |
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Αποτελέσματα 1 - 5 από τα 100.
Σελίδα 3
... jury- The act of assembly ( Dig . 405 , ) provides , that if the owner or pos- sessor of a mill shall wilfully discharge an unusual quantity of water , or if by accident an unusual quantity of water shall be discharged , " it shall be ...
... jury- The act of assembly ( Dig . 405 , ) provides , that if the owner or pos- sessor of a mill shall wilfully discharge an unusual quantity of water , or if by accident an unusual quantity of water shall be discharged , " it shall be ...
Σελίδα 4
... jury on the proof , but may not be of much consequence under our view of the law now stated , if the jury should also be of opinion that there was an unusual discharge of water by the defendant's orders ; 4 McILVAINE Us . MARSHALL .
... jury on the proof , but may not be of much consequence under our view of the law now stated , if the jury should also be of opinion that there was an unusual discharge of water by the defendant's orders ; 4 McILVAINE Us . MARSHALL .
Σελίδα 5
... jury shall think the plaintiff entitled to recover , they will assess his damages according to his interest in the property ; and the amount so found will be doubled by the court as required by the law . The jury returned a verdict for ...
... jury shall think the plaintiff entitled to recover , they will assess his damages according to his interest in the property ; and the amount so found will be doubled by the court as required by the law . The jury returned a verdict for ...
Σελίδα 10
... it is not set out in the second count , which covers the whole claim . It is for the jury to say whether we have proved waste done on land to which we have title . 3. As to the misdescription of 10 GREENLY US . HALL'S EX'R .
... it is not set out in the second count , which covers the whole claim . It is for the jury to say whether we have proved waste done on land to which we have title . 3. As to the misdescription of 10 GREENLY US . HALL'S EX'R .
Σελίδα 21
... jury as to its truth . It is now settled in England , that under their statute a set - off can- not be pleaded in the action of replevin , ( Lacock vs. Tufnell , 18 Com . Law Rep . 409 , ) though a doubt is expressed in Buller's Nisi ...
... jury as to its truth . It is now settled in England , that under their statute a set - off can- not be pleaded in the action of replevin , ( Lacock vs. Tufnell , 18 Com . Law Rep . 409 , ) though a doubt is expressed in Buller's Nisi ...
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Άλλες εκδόσεις - Προβολή όλων
Συχνά εμφανιζόμενοι όροι και φράσεις
act of assembly act of limitation administrator admitted agreement Amelia Island amount appear apply argument assignment assumpsit attorney authority bail bond bound cargo Castle county certiorari champerty charge claim collector common law condemnation constitution contract counsel court of equity coverture creditors damages debt declaration decree deed defendant defendant's disability discharge dower duty entitled equity estoppel evidence execution executor fee simple feme covert forfeiture fraud ground Harr heirs husband indictment insolvent interest issue J. A. Bayard Joel Gibbs John judge judgment jurisdiction jury land legislature levy liable lottery Louis McLane McLane ment Nathan Field nonsuit notice object party payment person plaintiff plea pleaded principle proceedings proof prosecution prothonotary proved question record recovered reference remission rendered rent replevin rule scire facias sheriff ship Good Friends sold statute suit term testator tiel tion trial trust verdict void wife witness writ
Δημοφιλή αποσπάσματα
Σελίδα 410 - 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 69 - That the finder of a jewel, though he does not by such finding acquire an absolute property or ownership, yet he has such a property as will enable him to keep it against all but the rightful owner, and consequently may maintain trover.
Σελίδα 259 - 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 526 - 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.
Σελίδα 282 - Except as against the mortgagee, the mortgagor, while in possession, and before foreclosure, is regarded as the real owner, and a freeholder, with the civil and political rights belonging to that character ; whereas the mortgagee, notwithstanding the form of the conveyance, has only a chattel interest, and his mortgage is a mere security for a debt.
Σελίδα 125 - It is established by the authorities which have been referred to, that, if a debtor conveys property in trust for the benefit of his creditors to whom the conveyance is not communicated, and the creditors are not, in any manner, privy to the conveyance, the deed merely operates as a power to the trustees, which is revocable by the debtor, and has the same effect as if the debtor had delivered money to an agent to pay his creditors, and, before any payment made by the agent, or communication by him...
Σελίδα 209 - ... nothing in action, entry, or re-entry can be granted over ; for, so, under colour thereof, pretended titles might be granted to great men, whereby right might be trodden down, and the weak oppressed, which the common law forbiddeth, — as men to grant before they be in possession.
Σελίδα 557 - If he is born on the first of January, he is of age to do any legal act on the morning of the last day of December, though he may not have lived twenty-one years by nearly forty-eight hours...
Σελίδα 259 - It is argued that this act provides only for the admission of such records as evidence, but does not declare the effect of such evidence when admitted. This argument cannot be supported. The act declares that the record duly authenticated shall have such faith and credit as it has in the state court from whence it is taken. If in such court it has the faith and credit of evidence of the highest nature, namely, record evidence, it must have the same faith and credit in every other court.
Σελίδα 253 - But the general rule is, that there can be no averment in pleading against the validity of a record, though there may be against its operation.