A Treatise Upon Some of the General Principles of the Law: Whether of a Legal, Or of an Equitable Nature, Including Their Relations and Application to Actions and Defenses in General, Whether in Courts of Common Law, Or Courts of Equity; and Equally Adapted to Courts Governed by Codes, Band 4

Cover
W. Gould & Son, 1878
 

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Inhalt

Facts essential to sustain a right to the remedy
151
CHAPTER LXXXV
159
CHAPTER LXXXVI
169
JOINTTENANTS AND TENANTS IN COMMON Continued PAGE
170
CHAPTER LXXXVII
184
Of actions upon decrees
197
LANDLORD AND TENANT Continued PAGE
219
Form and nature of a lease
225
Covenants and conditions
233
Rights and liabilities in general
256
Tenants remedies
275
CHAPTER LXXXIX
281
LIBEL Continued PAGE
287
Of the defenses
304
CHAPTER XC
315
CHAPTER XCI
337
MALICIOUS PROSECUTION Continued PAGE Section 8 Who may be sued
349
Damages
351
Of the defenses to the action
352
Want of malice
353
Advice of counsel
354
Former suit not terminated
355
Want of jurisdiction
356
CHAPTER XCII
357
Who may apply for
360
Inferior courts and officers
361
Boards of public officers
363
Sheriffs etc
364
President and his cabinet
365
Governors and secretaries
366
AttorneyGeneral 367 Section 11 AttorneyGeneral Section 12 Treasurers and payment of money
368
Election canvassers KO Section 14 Supervisors and county officers
369
Municipal corporations
371
Private corporations
373
Town officers Section 18 Miscellaneous
375
Remedy when refused
376
Judges of superior courts
377
Inferior courts in civil cases
378
Inferior courts in criminal cases
379
Supervisors Section 7 Treasurers of counties
380
Municipal officers
381
County and town officers
382
Comptrollers auditors and can avassers Section 13 Miscellaneous
383
CHAPTER XCIII
385
MANDATE
386
Of master and hired servant
394
Of the mutual duties and obligations of master and ser
400
Of the masters rights and liabilities as to third persons
406
MASTER AND SERVANT Continued PAGE
419
CHAPTER XCVI
444
Defenses
466
CHAPTER XCVIII
469
When it lies for money
471
Property received as money
474
Waiving torts
475
Voluntary payment of money
476
Money paid with full knowledge of the facts
478
Payments made with means of knowledge
480
Receiving with knowledge of title
482
Mistake of facts
483
Payments without consideration
499
Payment upon a consideration that has failed
500
Rescinded or abandoned contract
501
Failure of title
502
Payments not credited or applied
503
Payment upon award judgment execution etc
504
Payment of judgments afterward reversed
505
Illegal taxes assessments etc
506
By or against assignees grantees etc
508
Stakeholders bailees etc
509
Demand tender etc before action
510
Amount of recovery
511
CHAPTER XCIX
512
Who may make a mortgage
514
Form and requisites
521
Validity of mortgage
550
MORTGAGE Continued PAGE
576
Registry notice and priority
585
CHAPTER C
595
MUNICIPAL CORPORATIONS Continued PAGE Section 15 Granting licenses etc
623
Levying taxes etc
626
Of corporate liabilities
631
Liability for acts of officers or agents
632
Liability for negligence in general
634
Defective streets
635
Defective sidewalks
636
Defective bridges
638
Excavations or obstructions
639
Improper sewers
640
Injuries from flowing lands
641
Damage by fires
643
Liability for torts or wrongs
644
Of officers and agents
647
Duties of
649
Liabilities
650
Compensation
651
CHAPTER CI
653
Of actionable negligence
656
Animals
657
Attorneys
659
Section 4 Bankers and collectors
661
Bridges
662
Canals
663
Clerks and recording officers
664
Death
665
Fences
669
Gas companies
672
Highways
673
Notaries public
679
Physicians and surgeons
681
Railroads
684
Real property
691
Sheriffs
694
Watercourses
699
NEGLIGENCE Continued PAGR
701
Damages as a remedy
713
CHAPTER CII
726
NUISANCES Continued PAGE
764
Remedy at law
776

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Seite 346 - If it was sufficient of itself, it was a question of law for the court and not of fact for the jury.
Seite 724 - Anything which is injurious to health, or is indecent, or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property...
Seite 331 - The principle is believed to be universal, that a prior lien gives a prior claim, which is entitled to prior satisfaction, out of the subject it binds, unless the lien be intrinsically defective, or be displaced by some act of the party holding it which shall postpone him in a Court of law or equity to a subsequent claimant.
Seite 617 - It is a doctrine not to be tolerated in this country, that a municipal corporation, without any general laws either of the city or of the state, within which a given structure can be shown to be a nuisance, can, by its mere declaration that it is one, subject it to removal by any person supposed to be aggrieved, or even by the city itself. This would place every house, every business, and all the property of the city, at the uncontrolled will of the temporary local authorities.
Seite 187 - Where a court of competent jurisdiction has adjudicated a certain sum to be due from one person to another, a legal obligation arises to pay that sum, on which an action of debt to enforce the judgment may be maintained.
Seite 190 - And the said records and exemplifications, so authenticated, 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, Territory, or country, as aforesaid, from which they are taken.
Seite 651 - Negligence is the omission to do something which a reasonable man, guided upon those considerations which ordinarily regulate the conduct of human affairs, would do, or doing something which a prudent and reasonable man would not do.
Seite 594 - To this end, regard should be had, not so much to the nature and character of the various powers conferred. as to the object and purpose of the Legislature In conferring them. If granted for public purposes exclusively, they belong to the corporate body in Its public, political, or municipal character. But If the grant was for the purpose of private advantage and emolument, though the public may derive a common benefit therefrom, the corporation quoad hoc IB to be regarded as a private company.
Seite 704 - On the contrary, the limit of the doctrine relating to actionable negligence, says BKASLEY, CJ, is that the person occasioning the loss must owe a duty, arising from contract or otherwise, to the person sustaining such loss. Such a restriction on the right to sue for a want of care in the exercise of employments or the transaction of business is plainly necessary to restrain the remedy from being pushed to an impracticable extreme. There would be no bounds to actions and litigious intricacies if...
Seite 416 - ... if they are in the employment of the same master, engaged in the same common enterprise, both employed to perform duties tending to accomplish the same general purposes, or, in other words, if the services of each in his particular sphere or department are directed to the accomplishment of the same general end...

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