Atlantic Reporter, Volume 73West Publishing Company, 1909 - Law reports, digests, etc |
From inside the book
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Page 1
... suit or the appeal , as provided by Gen. St. 1902 , §§ 317 , 617 , 621 , 622 , or , in the event of an assignment of the judgment before the death of plaintiff , by procuring the assignee to be made à party plaintiff to the action or a ...
... suit or the appeal , as provided by Gen. St. 1902 , §§ 317 , 617 , 621 , 622 , or , in the event of an assignment of the judgment before the death of plaintiff , by procuring the assignee to be made à party plaintiff to the action or a ...
Page 3
... suit is not sufficient to make a payment compulsory . [ Ed . Note . - For other cases , see Payment , Cent . Dig . §§ 283-287 ; Dec. Dig . § 87. * ] 3. PAYMENT ( § 84 * ) - RECOVERY OF PAYMENT MISTAKE OF LAW . When money is paid by one ...
... suit is not sufficient to make a payment compulsory . [ Ed . Note . - For other cases , see Payment , Cent . Dig . §§ 283-287 ; Dec. Dig . § 87. * ] 3. PAYMENT ( § 84 * ) - RECOVERY OF PAYMENT MISTAKE OF LAW . When money is paid by one ...
Page 4
... suit would be brought , if the demand were re- fused . We have , therefore , this situation : That it is sought to recover back money paid to another voluntarily , with full knowl- edge of the facts , after consideration , in response ...
... suit would be brought , if the demand were re- fused . We have , therefore , this situation : That it is sought to recover back money paid to another voluntarily , with full knowl- edge of the facts , after consideration , in response ...
Page 21
... suit , but it de- nied the existence of the cause of action it- self . The theory of the plea is that the plaintiff corporation had not been created at the time of the commission of the wrong in the declaration alleged , and therefore ...
... suit , but it de- nied the existence of the cause of action it- self . The theory of the plea is that the plaintiff corporation had not been created at the time of the commission of the wrong in the declaration alleged , and therefore ...
Page 22
... suit comes within either the to be done to constitute a corporation , to per- letter or the spirit of that section . In the mit parties , indirectly or upon the principle first place , the plea does not deny the legality of estoppel ...
... suit comes within either the to be done to constitute a corporation , to per- letter or the spirit of that section . In the mit parties , indirectly or upon the principle first place , the plea does not deny the legality of estoppel ...
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Common terms and phrases
action adverse possession affirmed agreement alleged amount appellee assessment bill bond Bristol Counties cause Cent charge claim complainant contract corporation counsel County court of equity damages declaration decree deed defendant defendant's duty entitled equity estoppel evidence exceptions execution executor fact fendant filed fire garnishee George Fred Williams held injury issue Jersey Jersey City judge judgment jury justice land liability lien matter ment mortgage municipal MUNICIPAL CORPORATIONS N. J. Law N. J. Sup negligence nonsuit Note Note.-For NUMBER in Dec number of witnesses opinion ordinance owner paid pany parties payment Pennsylvania person plaintiff plaintiff in error proceedings Pulaski avenue purpose question reason Reporter Indexes rule section NUMBER spark arrester Starkweather statute street suit superior court Supreme Court testator testified testimony tiff tion topic and section trial court trust verdict
Popular passages
Page 80 - Property does become clothed with a public interest when used in a manner to make it of public consequence, and affect the community at large.
Page 104 - Every subject of the commonwealth ought to find a certain remedy, by having recourse to the laws for all injuries or wrongs which he may receive in his person, property, or character. He ought to obtain right and justice freely, and without being obliged to purchase it; completely, and without any denial; promptly, and without delay; conformably to the laws.
Page 351 - ... together with the appurtenances and all the estate and rights of the party of the first part in and to said premises.
Page 135 - The property of no person shall be taken for public use without just compensation therefor.
Page 383 - Deceased, do make or cause to be made a true and perfect Inventory of all and singular the Goods Chattels and Credits of the said Deceased...
Page 216 - No suit or action on this policy for the recovery of any claim shall be sustainable in any court of law or equity until after full compliance by the insured with all the foregoing requirements, nor unless commenced within twelve months next after the fire.
Page 416 - It matters not in this case that these plaintiffs in error had built their warehouses and established their business before the regulations complained of were adopted. What they did was from the beginning subject to the power of the body politic to require them to conform to such regulations as might be established by the proper authorities for the common good.
Page 156 - This company shall not be liable for loss caused directly or indirectly by invasion, insurrection, riot, civil war or commotion, or military or usurped power, or by order of any civil authority ; or by theft ; or by neglect of the insured to use all reasonable means to save and preserve the property at and after a fire, or when the property is endangered by fire in neighboring premises...
Page 80 - Constitution protects, we find that when private property is "affected with a public interest, it ceases to be juris privati only.
Page 67 - ... such as may fairly and reasonably be considered either arising naturally, ie according to the usual course of things from such breach of contract itself, or such as may reasonably be supposed to have been in the contemplation of both parties at the time they made the contract, as the probable result of the breach of it.