The American Decisions: Containing All the Cases of General Value and Authority Decided in the Courts of the Several States, from the Earliest Issue of the State Reports [1760] to the Year 1869, Τόμος 24John Proffatt, Abraham Clark Freeman A.L. Bancroft, 1881 |
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Άλλες εκδόσεις - Προβολή όλων
Συχνά εμφανιζόμενοι όροι και φράσεις
action administrator de bonis agreement appears applied assignment assumpsit authority Bank Barb basin bill bona fide purchaser bond canal carrier chancellor charge cited claim common carrier common law complainants contract conveyance conveyed corporation court court of chancery court of equity covenant creditors damages debtor debts decision declaration decree deed defendant deliver doctrine dollars entitled equity error estoppel evidence execution executor fact fraud held intention interest intestate Johns judge judgment jurisdiction jury justice land legatees levy liable lien ment negligence nonsuit notice nuisance objection opinion owner paid parol partners partnership party payment person plaintiff plaintiff in error plea possession premises principle proof proved purchase question recover refused rule scire facias sheriff statute statute of frauds suit surety taken tenants in common testator tion trespass trial trover trust verdict void warehouseman Wend writ
Δημοφιλή αποσπάσματα
Σελίδα 302 - That all the before-mentioned courts of the United States shall have power to issue writs of scire facias, habeas corpus, and all other writs, not specially provided for by statute, which may be necessary for the exercise of their respective jurisdictions, and agreeable to the principles and usages of law.
Σελίδα 303 - ... the courts, if they see fit, in their discretion, by rules of court, so far to alter final process in said courts, as to conform the same to any change which may be adopted by the legislatures of the respective states for the state courts.
Σελίδα 302 - that the laws of the several States, except where the Constitution, treaties, or statutes of the United States shall otherwise require or provide, shall be regarded as rules of decision in trials at common law in the courts of the United States, in cases where they apply.
Σελίδα 311 - that the laws of the several States . . shall be regarded as rules of decision in trials at common law in the courts of the United States, in cases where they apply...
Σελίδα 305 - The Constitution of the United States and the Acts of Congress recognize and establish the distinction between law and equity. The remedies in the Courts of the United States are, at common law or in equity, not according to the practice of State Courts, but according to the principles of common law and equity, as distinguished and defined in that country from which we derive our knowledge of these principles.
Σελίδα 142 - ... the true measure of damages is the difference between the contract price and the value at the time the article should have been delivered...
Σελίδα 432 - And therefore on a feoffment to A and his heirs, to the use of B and his heirs...
Σελίδα 78 - ... so as to secure a fair result. If the defendant in this case was guilty of no intentional wrong, he ought not to have been charged with the value of the coal after he had been at the expense of mining it; but only with its value in place, and with such other damage to the land as his mining may have caused.
Σελίδα 182 - Whenever a statute gives a discretionary power to any person, to be exercised by him upon his own opinion of certain facts, it is a sound rule of construction, that the statute constitutes him the sole and exclusive judge of the existence of those facts.
Σελίδα 54 - As a general rule, a party will be concluded from denying his own acts or admissions which were expressly designed to influence the conduct of another, and did so influence it, and when such denial will operate to the injury of the latter.