The American and English Encyclopedia of Law1890 |
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Page 37
... facts stated were sufficient to require the exercise of judgment , and of judicial discrimination to deter- mine whether such offence was charged or not , the justice's error will not subject him to liability.2 ( c ) Mistake of Fact ...
... facts stated were sufficient to require the exercise of judgment , and of judicial discrimination to deter- mine whether such offence was charged or not , the justice's error will not subject him to liability.2 ( c ) Mistake of Fact ...
Page 51
... fact , then , that the surrogate had acted as counsel for the executor in the matters brought within the account , disqualifies him.11 So where the judge is put down in the account as creditor , 12 though of a debt fully paid ...
... fact , then , that the surrogate had acted as counsel for the executor in the matters brought within the account , disqualifies him.11 So where the judge is put down in the account as creditor , 12 though of a debt fully paid ...
Page 53
... fact specifically , but merely averring a " prejudice , " is insufficient . " The authority of the legislature under the constitutional divi- sion of government into three departments , to provide that ex parte affidavits of prejudice ...
... fact specifically , but merely averring a " prejudice , " is insufficient . " The authority of the legislature under the constitutional divi- sion of government into three departments , to provide that ex parte affidavits of prejudice ...
Page 72
... fact , stating the same in writing , and di- recting a written finding thereon , the jury shall fail to agree to a finding upon the whole or a part of such questions , but shall find a general verdict , it is error on the part of said ...
... fact , stating the same in writing , and di- recting a written finding thereon , the jury shall fail to agree to a finding upon the whole or a part of such questions , but shall find a general verdict , it is error on the part of said ...
Page 73
... fact been taken . Cate v . Gilman , 54 Iowa 576 . The fact that the court adjourned to a particular day and hour , but opened on the day named by proclamation and entered a judgment at an hour earlier than that named in the adjournment ...
... fact been taken . Cate v . Gilman , 54 Iowa 576 . The fact that the court adjourned to a particular day and hour , but opened on the day named by proclamation and entered a judgment at an hour earlier than that named in the adjournment ...
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Common terms and phrases
affidavit appeal attorney authority Bank Barb bond cause of action cited claim Code collaterally common law Comp Compare Conn constitution court of equity court will take creditor debtor decree defendant diction docket entered equity error evidence execution fact filed fraud Freeman on Judg Gratt held Hill N. Y. impeached Iowa issue Jones judgment judgment debtor Judicial Sales jurisdic jurisdiction jurors jury Kansas land Lea Tenn lien Mass matter ment Minn Miss Murfree's Justice nunc pro tunc offence Ohio St party peremptory challenges person plaintiff plea pleaded proceedings purchaser question record rendered replevin rule scire facias service of process sheriff sheriff's sale Smith Stat statute sufficient suit summons supreme court take judicial notice term thereof Thompson tion trial United verdict void Wend writ