Institutes of American Law, Band 3R.E. Peterson, 1854 |
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Seite xv
... things to be recovered in detinue , 638 . § 2. Of the plaintiff's interest in the thing to be recovered , 638 . §3 . For what injury detinue will lie , 639 . § 4. Of the pleadings in detinue , 640 . § 5. Of the evidence in detinue , 641 ...
... things to be recovered in detinue , 638 . § 2. Of the plaintiff's interest in the thing to be recovered , 638 . §3 . For what injury detinue will lie , 639 . § 4. Of the pleadings in detinue , 640 . § 5. Of the evidence in detinue , 641 ...
Seite 16
... thing but lawful coin . ( d ) But a tender in bank notes , if not objected to on that account , will be good . ( e ) And a tender was held good when made by a check contained in a letter , requesting a receipt in return , which the ...
... thing but lawful coin . ( d ) But a tender in bank notes , if not objected to on that account , will be good . ( e ) And a tender was held good when made by a check contained in a letter , requesting a receipt in return , which the ...
Seite 19
... thing must be done by the debtor to enable him to transfer it , but it is not absolutely requisite that it should be transferred , ( d ) 2441. - 6 . For the purpose of defending himself from an expected action on a contract , the ...
... thing must be done by the debtor to enable him to transfer it , but it is not absolutely requisite that it should be transferred , ( d ) 2441. - 6 . For the purpose of defending himself from an expected action on a contract , the ...
Seite 25
... thing seized is also called a distress . This remedy is coeval with the common law , and its origin appears to be concealed in the night of time . It probably was not fully established till some period during what are called the feudal ...
... thing seized is also called a distress . This remedy is coeval with the common law , and its origin appears to be concealed in the night of time . It probably was not fully established till some period during what are called the feudal ...
Seite 30
... thing else , appointed to be paid by the tenant to the reversioner , if the duties are in arrear , in addition to the duties themselves . ( b ) § 2. Of the persons entitled to make a distress . Art . 1. - By tenant in severalty . 2456 ...
... thing else , appointed to be paid by the tenant to the reversioner , if the duties are in arrear , in addition to the duties themselves . ( b ) § 2. Of the persons entitled to make a distress . Art . 1. - By tenant in severalty . 2456 ...
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Beliebte Passagen
Seite 90 - That a final judgment or decree in any suit, in the highest court of law or equity of a state in which a decision in the suit could be had, where is drawn in question the validity of a treaty or statute of, or an authority exercised under, the United States...
Seite 91 - States, and the decision is in favor of such their validity, or where is drawn in question the construction of any clause of the Constitution, or of a treaty or statute of, or commission held under the United States, and the decision is against the title, right, privilege, or exemption specially set up or claimed by either party, under such clause of the said Constitution, treaty, statute, or commission, may be re-examined and reversed or affirmed in the Supreme Court of the United States upon a...
Seite 376 - 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...
Seite 114 - 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 costs, the sum or value of five hundred dollars, and arising under the Constitution or laws of the United States...
Seite 441 - No person duly authorized to practice physic or surgery, shall be allowed to disclose any information which he may have acquired in attending any patient, in a professional character, and which information was necessary to enable him to prescribe for such patient as a physician, or to do any act for him as a surgeon (id.
Seite 93 - The supreme court shall also have appellate jurisdiction from the circuit courts and courts of the several states, in the cases hereinafter specially provided for; and shall have power to issue writs of prohibition to the district courts, when proceeding as courts of admiralty and maritime jurisdiction...
Seite 109 - And upon a like process, may final judgments and decrees in civil actions, and suits in equity in a circuit court, brought there by original process, or removed there from...
Seite 652 - The Rule of law is laid down with perfect correctness in the case of Butterfield v. Forrester (x), that although there may have been Negligence on the part of the plaintiff, yet unless he might by the exercise of ordinary care have avoided the consequences of the defendant's Negligence, he is entitled to recover. But if by ordinary care he might have avoided them, he is the author of his own wrong.
Seite 88 - 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.
Seite 85 - It shall be the duty of the marshal of each district to attend the district and circuit courts when sitting therein, and to execute throughout the district all lawful precepts directed to him and issued under the authority of the United States; and he shall have power to command all necessary assistance in the execution of his duty.