Institutes of American Law, Band 2J. B. Lippincott & Company, 1882 |
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Seite 15
... claim which was due to him ; " the words of the Pandects , which he cites , are creditoris arbitrio permittitur , ex pignoris sibi ob- ligatis quibus velit distractis , ad suum commodum pervinere . A considerable difference will easily ...
... claim which was due to him ; " the words of the Pandects , which he cites , are creditoris arbitrio permittitur , ex pignoris sibi ob- ligatis quibus velit distractis , ad suum commodum pervinere . A considerable difference will easily ...
Seite 23
... claim by an executed agreement between the party injuring and the party injured . " 2483. When there is but one ... claiming the performance of a contract or damages for an injury ; hence , restoring to the plaintiff his chattels or his ...
... claim by an executed agreement between the party injuring and the party injured . " 2483. When there is but one ... claiming the performance of a contract or damages for an injury ; hence , restoring to the plaintiff his chattels or his ...
Seite 24
... claim is not valid unless it be also agreed at what time it shall be relinquished.104 The defendant must be privy to the contract . If , therefore , the considera- tion for the promise not to sue proceeds from another , the defendant is ...
... claim is not valid unless it be also agreed at what time it shall be relinquished.104 The defendant must be privy to the contract . If , therefore , the considera- tion for the promise not to sue proceeds from another , the defendant is ...
Seite 30
... claims , and what amount may be retained . 2507. An executor or administrator has a right to retain in certain cases ... claim against the estate of the deceased , he may retain with or without the consent of his co- executors ; 169 when ...
... claims , and what amount may be retained . 2507. An executor or administrator has a right to retain in certain cases ... claim against the estate of the deceased , he may retain with or without the consent of his co- executors ; 169 when ...
Seite 31
... claim of a particular class cannot retain assets to pay himself to the injury of a creditor of a class having a preference over him ; and the reason for this , independently of any statutory provision , is clear ; he could not , by ...
... claim of a particular class cannot retain assets to pay himself to the injury of a creditor of a class having a preference over him ; and the reason for this , independently of any statutory provision , is clear ; he could not , by ...
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Häufige Begriffe und Wortgruppen
abatement alleged answer appear assigned assumpsit attorney averment Bacon bail Barnew bill Blackst breach cause of action chattel Chitty circuit court claim Coke committed common law Comyn Conn considered contract courts of equity covenant coverture creditor damages debt declaration decree deed defendant defendant's demurrer detinue entitled evidence ex delicto Exch execution executor facts fieri facias fraud granted husband injunction injury interest Iowa issue Jeremy Johns joined judge judgment jurisdiction jury land liable lien Mass matter Mitford nature ne exeat nolle prosequi owner Paige party Penn person plaintiff plea in bar pleaded possession Pract proceedings proof proper prove record recover remedy rendered replevin replication rule Saund scire facias Serg sheriff statute sued sufficient suit tenant term testator tion trespass trial trover trust verdict Wend wife Wisc witness writ of error
Beliebte Passagen
Seite 178 - The answer of the defendant must contain: "1. A general or specific denial of each material allegation of the complaint controverted by the defendant, or of any knowledge or information thereof sufficient to form a belief. "2. A statement of any new matter constituting a defense or counterclaim, in ordinary and concise language, without repetition.
Seite 178 - The plaintiff may unite in the same complaint several causes of action whether they be such as have been heretofore denominated legal or equitable, or both, where they all arise out of, 1. The same transaction, or transactions connected with the same subject of action.
Seite 219 - 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 60 - 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 49 - 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...
Seite 47 - 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 50 - 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 458 - Equity is a roguish thing ; for law we have a measure, know what to trust to ; equity is according to the conscience of him that is Chancellor, and as that is larger or narrower, so is equity. 'Tis all one as if they should make the standard for the measure we call a foot...
Seite 376 - 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 238 - Such depositions may be taken before any judge of any court of the United States, or any commissioner of a circuit, or any clerk of a district or circuit court, or any chancellor, justice, or judge of a supreme or superior court, mayor or chief magistrate of a city, judge of a county court, or court of common pleas of any of the United States...