A Treatise on the Law of Judgments: Including All Final Determinations of the Rights of Parties in Actions Or Proceedings at Law Or in EquityA. L. Bancroft, 1873 - 540 Seiten |
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adjudication allowed amount appear application assignment attorney authority Bank Barb bill bound brought cause of action claim common law conclusive considered contract court creditor damages debt debtor decided decision decree defendant demand determined effect enforced entered entitled entry equity error established estoppel evidence execution existence fact favor filed final foreign former fraud give given granted ground held interest involved Iowa issue Johns judg judgment jurisdiction jury justice land lien litigation matter ment merits mortgage motion nature notice obtained officer opinion original paid parties payment person plaintiff plea plead possession present principle proceedings proof proper purchaser question reason record recover regarded rendered reversed rule Smith statute subsequent sufficient suit taken term third tion trial United unless valid void writ
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Seite 463 - 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.
Seite 97 - the rule for jurisdiction is that nothing shall be intended to be out of the jurisdiction of a superior court but that which specially appears to be so...
Seite 209 - An adjudication is final and conclusive, not only as to the matter actually determined, but as to every other matter which the parties might have litigated and...
Seite 88 - A void judgment is in legal effect no judgment. By it, no rights are divested. From it no rights can be obtained. Being worthless in itself, all proceedings founded upon it are equally worthless. It neither binds nor bars any one. All acts performed under it and all claims flowing out of it are void.
Seite 347 - 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.
Seite 479 - But the law will recognize a wife, as having a separate existence, and separate interests, and separate rights, in those cases, where the express object of all proceedings is to show, that the relation itself ought to be dissolved...
Seite 388 - A surety,' to use the language of Sir S. Romilly's reply, 'will be entitled to every remedy which the creditor has against the principal debtor ; to enforce every security and all means of payment ; to stand in the place of the creditor, not only through the medium of contract, but even by means of securities entered into without the knowledge of the surety ; having a right to have those securities transferred to him, though there was no stipulation for that...
Seite 221 - It is allowable to reason back from a judgment to the basis on which it stands, 'upon the obvious principle that, where a conclusion is indisputable, and could have been drawn only from certain premises, the premises are equally indisputable with the conclusion.
Seite 233 - A decree .of that kind, unless made because of some defect in the pleadings, or for want of jurisdiction, or because the complainant has an adequate remedy at law, or upon some other ground which does not go to the merits, is a final determination. Where words of qualification, such as "without prejudice...
Seite 55 - Immediately after entering the judgment, the clerk must attach together and file the following papers, which constitute the judgment roll: 1. In case the complaint be not answered by any defendant, the summons, with the affidavit or proof of service, and the complaint, with a memorandum indorsed thereon, that the default of the defendant in not answering was entered, and a copy of the judgment; 2.