The American and English Encyclopedia of Law, Τόμος 21John Houston Merrill, Charles Frederic Williams, Thomas Johnson Michie, David Shephard Garland E. Thompson, 1893 |
Άλλες εκδόσεις - Προβολή όλων
Συχνά εμφανιζόμενοι όροι και φράσεις
accept administrator agreement alleged Allen Mass appear assumpsit Bank Barb bill of lading Blatchf bona fide purchaser bond breach buyer cause of action claim Conn contract of sale court court of equity creditor Cush damages decree defendant delivered delivery Dict duty equity estoppel evidence Exch executor fact fraud fraudulent Gray Mass ground held Iowa issue Jones judgment jurisdiction jury letters of administration letters testamentary liable lien lumber matter ment Minn Moak's Rep N. J. Eq notice offer Ohio St owner paid party payment person plaintiff pleadings possession probate purchaser question recover refusal rendered replevin res gesta res judicata rescind rescission robbery rule Sales 6th sell seller Smith sold statute sufficient suit Tenn tion tract vendee vendor warranty Wend
Δημοφιλή αποσπάσματα
Σελίδα 195 - It is a finality as to the claim or demand in controversy, concluding parties and those in privity with them, not only as to every matter which was offered and received to sustain or defeat the claim or demand, but as to any other admissible matter which might have been offered for that purpose...
Σελίδα 228 - But where the second action between the same parties is upon a different claim or demand, the Judgment in the prior action operates as an estoppel only as to those matters in issue or points controverted, upon the determination of which the finding or verdict was rendered.
Σελίδα 260 - Where a court has jurisdiction, it has a right to decide every question which occurs in the cause; and whether its decision be correct or otherwise, its judgment, until reversed, is regarded as binding in every other court. But if it act without authority, its judgments and orders are regarded as nullities. They are not voidable, but simply void ; and form no bar to a recovery sought, even prior to a reversal, in opposition to them.
Σελίδα 191 - it is undoubtedly settled law that a judgment of a court of competent jurisdiction upon a question directly involved in one suit is conclusive as to that question in another suit between the same parties. But to this operation of the judgment it must appear, either upon the face of the record or be shown by extrinsic evidence, that the precise question was raised and determined in the former suit.
Σελίδα 123 - It is the place where one remains when not called elsewhere for labor or other special or temporary purpose, and to which he returns in seasons of repose; 2.
Σελίδα 128 - 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 408 - A riot is a tumultuous disturbance of the peace, by three persons or more assembling together of their own authority, with an intent mutually to assist one another against any who shall oppose them in the execution of some enterprise of a private nature, and afterwards actually executing the same in a violent and turbulent manner, to the terror of the people, whether the act intended were of itself lawful or unlawful.
Σελίδα 137 - ... whensoever the death of a person shall be caused by wrongful act, neglect, or default, and the act, neglect, or default is such as would (if death had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof, then and in every such case the person who would have been liable if death had not ensued shall be liable to an action for damages, notwithstanding the death of the person injured, and although the death shall have been caused under such circumstances...
Σελίδα 6 - no action shall be brought whereby to charge any executor or administrator upon any special promise to answer damages out of his own estate ; or whereby to charge the defendant upon any special promise to answer for the debt, default, or miscarriage of another person...
Σελίδα 285 - ... merits, nor impeachable for fraud in obtaining them, if rendered by a court having jurisdiction of the cause and of the parties.