The American and English Encyclopedia of Law, Volume 7John Houston Merrill, Thomas Johnson Michie, Charles Frederic Williams, David Shephard Garland E. Thompson, 1889 - Law |
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Page 8
... amount of property replevied does not prevent a surety from showing what property was in fact replevied . Miller . Moses , 56 Me . 128 ; State v . Menert , 2 Mo. App . 295 . An obligor may plead a set - off , although he has given a ...
... amount of property replevied does not prevent a surety from showing what property was in fact replevied . Miller . Moses , 56 Me . 128 ; State v . Menert , 2 Mo. App . 295 . An obligor may plead a set - off , although he has given a ...
Page 21
... amount , cannot set up that he neither needed nor used the amount speci- fied . Brown v . Evans , 18 Nev . 141 . Compromises . Where two parties claimed the same land under a will , and with knowledge of all the facts collected and ...
... amount , cannot set up that he neither needed nor used the amount speci- fied . Brown v . Evans , 18 Nev . 141 . Compromises . Where two parties claimed the same land under a will , and with knowledge of all the facts collected and ...
Page 37
... amount to exclusion or constructive expulsion , it will not be taken as an eviction . This will always be the rule where , despite such acts , the tenant remains in the occupancy of the property . - 5. There are a variety of ...
... amount to exclusion or constructive expulsion , it will not be taken as an eviction . This will always be the rule where , despite such acts , the tenant remains in the occupancy of the property . - 5. There are a variety of ...
Page 38
... amount to an evic- tion of the tenant . But to constitute an eviction by the landlord , there must be something more than a mere trespass . The acts of interference must consist of something of a grave and permanent character , done ...
... amount to an evic- tion of the tenant . But to constitute an eviction by the landlord , there must be something more than a mere trespass . The acts of interference must consist of something of a grave and permanent character , done ...
Page 39
... amount to an eviction , depends upon cir- cumstances , and is a question in all cases for the jury ; thus it was ... amounts to an evic- ' tion , quaere . Shell v . Walker , 54 Iowa , 386 . 4. Nor will proof of such fact sustain a plea ...
... amount to an eviction , depends upon cir- cumstances , and is a question in all cases for the jury ; thus it was ... amounts to an evic- ' tion , quaere . Shell v . Walker , 54 Iowa , 386 . 4. Nor will proof of such fact sustain a plea ...
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7th Eng action Adams Express Co adminis admission Admrs Allen Mass Appeal appointed assets Bank Barb Beav bill bond charge claim common law Conn consignee contract court of equity creditor Cush damages death debt debtor deceased decedent decree deemed defendant entitled equity estopped estoppel evidence execution executor or administrator exempt express company Exrs fact Gray Mass held injury interest intestate Iowa issue Jones judgment jury land legacy legatee letters testamentary levy liable ment Miss N. J. Eq Ohio St opinion Paige N. Y. party payment personal representative plaintiff plead probate court R. R. Cas R. R. Co real estate recover Redf relevant rent rule Saund Schoul sect Smith Southern Express Co Stats statute suit sureties tenant Tenn tion tort trust Wend witness
Popular passages
Page 81 - Comparison of a disputed writing with any writing proved to the satisfaction of the Judge to be genuine shall be permitted to be made by witnesses; and such writings, and the evidence of witnesses respecting the same, may be submitted to the Court and jury as evidence of the genuineness, or otherwise, of the writing in dispute.
Page 96 - The burden of proof as to any particular fact lies on that person who wishes the Court to believe in its existence unless it is provided by any law that the proof of that fact shall lie on any particular person.
Page 59 - This rule excludes all evidence of collateral facts, or those which are incapable of affording any reasonable presumption or inference, as to the principal fact or matter in dispute...
Page 111 - Court considers it likely that the transaction was at that time fresh in his memory. The witness may also refer to any such writing made by any other person and read by the witness within the time aforesaid, if when he read it he knew it to be correct.
Page 276 - that nothing was better established than this principle, that money directed to be employed in the purchase of land, and land directed to be sold and turned into money, are to be considered as that species of property into which they are directed to be converted...
Page 88 - In case (e) or (/), a certified copy of the document, but no other kind of secondary evidence, is admissible. In case (g), evidence may be given as to the general result of the documents by any person who has examined them, and who is skilled in the examination of such documents.
Page 115 - Sale or exchange is a transmutation of property from one man to another, in consideration of some price or recompense in value: for there is no sale without a recompense; there must be quid pro quo.
Page 97 - ... was born during the continuance of a valid marriage between his mother and any man, or within two hundred and eighty days after its dissolution, the mother remaining unmarried, shall be conclusive proof that he is the legitimate son of that man, unless it can be shown that the parties to the marriage had no access to each other at any time when he could have been begotten.
Page 72 - ... behalf of the party to whom such payment shall be made, shall be deemed sufficient proof of such payment, so as to take the case out of the operation of either of the said statutes.
Page 101 - Every bill of lading in the hands of a consignee or endorsee for valuable consideration, representing goods to have been shipped on board a vessel, shall be conclusive evidence of such shipment as against the master or other person signing the same, notwithstanding that such goods or some part thereof may not have been so shipped...