The American Decisions: Containing All the Cases of General Value and Authority Decided in the Courts of the Several States, from the Earliest Issue of the State Reports to the Year 1869, Volume 51Bancroft-Whitney, 1886 - Law reports, digests, etc |
From inside the book
Results 1-5 of 86
Page 51
... ACTION ON JUDGMENT against the bankrupt recovered after the filing of the petition in an action commenced before the filing . DEBT on a judgment recovered in New Hampshire . The de- fense was a discharge under the United States bankrupt ...
... ACTION ON JUDGMENT against the bankrupt recovered after the filing of the petition in an action commenced before the filing . DEBT on a judgment recovered in New Hampshire . The de- fense was a discharge under the United States bankrupt ...
Page 64
... action of the judge upon them . The first was , that the plaintiff , having counted upon these notes , and now seeking to recover on them , can not at the same time aver that he has so surrendered the notes , that they do not amount to ...
... action of the judge upon them . The first was , that the plaintiff , having counted upon these notes , and now seeking to recover on them , can not at the same time aver that he has so surrendered the notes , that they do not amount to ...
Page 89
... action against a prosecutor , a magistrate , and a constable , for conspiring together to arrest and imprison a person without probable cause , evidence that each one acted illegally or maliciously will not support the action with- out ...
... action against a prosecutor , a magistrate , and a constable , for conspiring together to arrest and imprison a person without probable cause , evidence that each one acted illegally or maliciously will not support the action with- out ...
Page 126
... action . It sets out the contract as an entire trans- action , consummated at the same time the loan was made , in consideration of which loan , the defendant then and there exe- cuted the instrument . The contract set out is this ...
... action . It sets out the contract as an entire trans- action , consummated at the same time the loan was made , in consideration of which loan , the defendant then and there exe- cuted the instrument . The contract set out is this ...
Page 130
... action on a writing obligatory given for the price . DEFENSE OF FRAUD IN A CONTRACT OF SALE MAY , apart from and inde- pendent of any defect of title , be made in an action for the price of the land , although the defendant has not been ...
... action on a writing obligatory given for the price . DEFENSE OF FRAUD IN A CONTRACT OF SALE MAY , apart from and inde- pendent of any defect of title , be made in an action for the price of the land , although the defendant has not been ...
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Common terms and phrases
action administrator agent agreement alleged amount appear applied assignment authority bank bill bond cause charge cited claim committed common Commonwealth condition consideration conspiracy contract corporation count court creditor damages debt debtor decided decision decree deed defendant delivered demand direct discharge doctrine effect entitled equity error evidence execution express fact fraud give given granted ground held indictment injury instructions intended interest issue Johns judge judgment jury land liable lien limitations matter means mortgage necessary notice object offense opinion original owner paid party pass payment person plaintiff possession present principal promise proof proved purchaser question reason received recover referred rule says sell Smith sold statute sufficient suit sureties taken term thing tion trial trust unless whole wife writ
Popular passages
Page 577 - This statute is in derogation of the common law, therefore it is not to be extended by implication or construction. "As a rule of exposition, statutes are to be construed in reference to the principles of the common law ; for it is not to be presumed that the legislature intended to make any innovation upon the common -law, further than the case absolutely required.
Page 615 - ... when any husband shall have by cruel and barbarous treatment, endangered his wife's life or offered such indignities to her person as to render her condition intolerable, and life burdensome...
Page 94 - If two or more persons in any state or territory conspire, or go in disguise on the highway or on the premises of another, for the purpose of depriving, either directly or indirectly, any person or class of persons of the equal protection Opinion of the Court. of the laws, or of equal privileges and immunities under the laws...
Page 656 - From the variety of cases relative to judgments being given in evidence in civil suits these two deductions seem to follow as generally true: First, that the judgment of a court of concurrent jurisdiction directly upon the point is as a plea a bar, or as evidence, conclusive between the same parties upon the same matter directly in question in another court...
Page 93 - .If two or more persons conspire either to commit any offense against the United States or to defraud the United States in any manner or for any purpose, and one or more of such parties do any act to effect the object of the conspiracy, all the parties to such conspiracy shall be liable to a penalty of not more than ten thousand dollars, or to imprisonment for not more than two years or to both fine and imprisonment in the discretion of the court.
Page 250 - For, if a woman is quick with child, and by a potion or otherwise killeth it in her womb; or if any one beat her, whereby the child dieth in her body, and she is delivered of a dead child ; this, though not murder, was, by the ancient law, homicide or manslaughter.
Page 617 - House, but may be amended or rejected by the other; and on the final passage of all bills they shall be read at length, and the vote shall be by yeas and nays upon each bill separately, and shall be entered on the Journal ; and no bill shall become a law without the concurrence of a majority of the members elected to each House.
Page 622 - ... that whenever a question arises in a court of law of the existence of a statute, or of the time when a statute took effect, or of the precise terms of a statute, the judges who are called upon to decide it have a right to resort to any source of information which in its nature is capable of conveying to the judicial mind a clear and satisfactory answer to such question; always seeking first for that which in its nature is most appropriate, unless the positive law has enacted a different rule.
Page 755 - The clear result of all the cases, without a single exception, is that the trust of a legal estate, whether freehold, copyhold, or leasehold, whether taken in the names of the purchaser and others jointly, or in the name of others without that of the purchaser, whether in one name or several, whether jointly or successive, results to the man who advances the purchase money.
Page 502 - But the rule of law is clear, that, where one by his words or conduct wilfully causes another to believe the existence of a certain state of things, and induces him to act on that belief, so as to alter his own previous position, the former is concluded from averring against the latter a different state of things as existing at the same time."* In Freeman v.