Ruling Case Law: As Developed and Established by the Decisions and Annotations Contained in Lawyers Reports Annotated, American Decisions, American Reports, American State Reports, American and English Annotated Cases, American Annotated Cases, English Ruling Cases, British Ruling Cases, United States Supreme Court Reports, and Other Series of Selected Cases, Τόμος 21

William Mark McKinney
Edward Thompson Company, 1918

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Presumption as Merely Defensive
Debts Affected by Presumption
Debts within Statute of Limitations
Time Necessary to Raise Presumption
Lapse of Time for Less Period as Evidence
Application of Presumption to State
Evidence to Strengthen Presumption
Interruption of Period by Infancy Nonresidence
What Constitutes Involuntary Payment
Duress of Person or Property
Necessity for Protest
Effect of Protest
Other Means of Relief Not Available
Legal Remedy Inadequate
Payment to Avoid Legal Proceedings
Threats or Commencement of Civil Suit
Institution or Threat of Criminal Proceedings Generally
Criminal Proceedings against Spouse or Child
Payments to Prevent Discontinuance or Destruction of Business
Securing Immediate Enjoyment of Right
Excessive Charges by Common Carrier
Excessive Charges by Other Public Service Corporations Protest
Seizure and Sale of Property Generally
Seizure and Sale for Taxes
Regaining Possession of Goods Illegally Held
Money Paid on Judgment or Execution
Payment under Unconstitutional or Void Statutes
Payment Induced by Fraud 1990 Time of Compulsion 1 2
In General
Exceptions and Qualifications to Rule Mutual Mistako
Mistake of Fact and
Payment by Government
Existence and Materiality of Fact
Mistake Induced by Negligence
Mistake Induced by Forgetfulness
Means of Knowledge
Mistake on Disputed Question of Fact
Mistake as to Title Authority or Quantity
Circumstances Making Recovery Inequitable
By Creditor
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Σελίδα 525 - The court may determine any controversy between the parties before it, when it can be done without prejudice to the rights of others, or by saving their rights, but when a complete determination of the controversy cannot be had without the presence of other parties, the court must cause them to be brought in.
Σελίδα 342 - ... property so directed to be accumulated shall, so long as the same shall be directed to be accumulated contrary to the provisions of this act, go to and be received by such person or persons as would have been entitled thereto, if such accumulation had not been directed.
Σελίδα 867 - where a principal has, by his voluntary act, placed an agent in such a situation that a person of ordinary prudence, conversant with business usages and the nature of the particular business, is justified in presuming that such agent has authority to perform...
Σελίδα 210 - The rule that penal laws are to be construed strictly, is perhaps not much less old than construction itself. It is founded on the tenderness of the law for the rights of individuals ; and on the plain principle that the power of punishment is vested in the legislative, not in the judicial department It is the legislature, not the court, which is to define a crime, and ordain its punishment.
Σελίδα 226 - 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 638 - March. 1895. him from disputing, as against them, the existence of the title or power which, through negligence or mistaken confidence, he caused or allowed to appear to be vested in the party making the conveyance.
Σελίδα 733 - No law of Congress can place in the hands of officials connected with the postal service any authority to invade the secrecy of letters and such sealed packages in the mail ; and all regulations adopted as to mail matter of this kind must be in subordination to the great principle embodied in the fourth amendment of the Constitution.
Σελίδα 421 - It is next to be considered, whether the crime of piracy is defined by the law of nations with reasonable certainty. What the law of nations on this subject is, may be ascertained by consulting the works of jurists, writing professedly on public law ; or by the general usage and practice of nations ; or by judicial decisions recognizing and enforcing that law.
Σελίδα 616 - The general principle on which it depends appears to be that where there is any defect, imperfection, or omission in any pleading, whether in substance or form, which would have been a fatal objection upon demurrer, yet, if the issue joined be such as necessarily required on the trial proof of the facts so defectively or imperfectly stated or omitted, and without which it is not to be presumed that either the judge would direct the jury to give, or the jury would have given, the verdict...
Σελίδα 106 - If the payment be less than the interest, the surplus of interest must not be taken to augment the principal; but interest continues on the former principal until the period when the payments, taken together, exceed the interest due, and then the surplus is to be applied towards discharging the principal; and interest is to be Computed on the balance, as aforesaid.

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