The New-York Legal Observer, Volume 8Samuel Owen Samuel Owen, 1850 - Law |
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... EQUITY AND COMMON LAW , AND IMPORTANT DECISIONS IN THE ENGLISH COURTS ; ALSO , ARTICLES ON LEGAL SUBJECTS , PRACTICAL POINTS OF GENERAL INTEREST , REMARKABLE TRIALS , SKETCHES OF THE BENCH AND THE BAR , ANECDOTES , & c .. & c . WITH A ...
... EQUITY AND COMMON LAW , AND IMPORTANT DECISIONS IN THE ENGLISH COURTS ; ALSO , ARTICLES ON LEGAL SUBJECTS , PRACTICAL POINTS OF GENERAL INTEREST , REMARKABLE TRIALS , SKETCHES OF THE BENCH AND THE BAR , ANECDOTES , & c .. & c . WITH A ...
Page 8
... Equity by certain persons claiming the mortgaged premises by a title paramount to that of the plaintiff , and that this suit is still pending and undetermined , and she insists that the plain- tiff ought not to be permitted to prosecute ...
... Equity by certain persons claiming the mortgaged premises by a title paramount to that of the plaintiff , and that this suit is still pending and undetermined , and she insists that the plain- tiff ought not to be permitted to prosecute ...
Page 9
... equity . " " I know of no case in which this court has relieved the purchaser where there was no fraud and no eviction . All the cases that I have looked into , proceed on the ground of a failure of the title duly ascertained . ” This ...
... equity . " " I know of no case in which this court has relieved the purchaser where there was no fraud and no eviction . All the cases that I have looked into , proceed on the ground of a failure of the title duly ascertained . ” This ...
Page 11
... equity do not make new contracts for parties , or relieve them from the effects of those which they have fairly and deliberately made . They will interfere in cases of fraud , of accident or mistake , but then it is on the ground either ...
... equity do not make new contracts for parties , or relieve them from the effects of those which they have fairly and deliberately made . They will interfere in cases of fraud , of accident or mistake , but then it is on the ground either ...
Page 12
... equity inter- fere upon another principle , viz . , to prevent circuity of action . In- deed , it would seem that in such cases a total failure of considera- tion , even in law , might , upon same principle , after eviction , be plead ...
... equity inter- fere upon another principle , viz . , to prevent circuity of action . In- deed , it would seem that in such cases a total failure of considera- tion , even in law , might , upon same principle , after eviction , be plead ...
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Common terms and phrases
action admiralty admitted affidavits agreement alleged amount appear applied arrest assignment authority Bank bill cause certificates certificates of deposit certiorari Chancellor charge Circuit claim common carriers common law complainant contract corporation counsel court of equity creditors damages debt debtor decision declaration decree deed defendant demurrer Dent & Co devise discharged entitled evidence execution executors facts fendant fraud given ground held intention interest issue judge judgment jurisdiction jury Justice Kinsman legacy legislature liability libel loan Lord ment motion N. Y. Court N. Y. Superior New-York notice objection opinion paid Palmers parties partnership patent payment person plaintiff plaintiff in error plea pleaded principle proceedings provisions purchase question recover rendered Revised Statutes rule sell special partner statutes of mortmain stipulation suit Supreme Court testator tiel tion trial trust verdict void Wend witness writ of error
Popular passages
Page 3 - Remember the Sabbath day, to keep it holy. Six days shalt thou labor, and do all thy work: but the seventh day is the Sabbath of the Lord thy God...
Page 4 - Thou shalt not covet thy neighbor's house, thou shalt not covet thy neighbor's wife, nor his manservant, nor his maidservant, nor his ox, nor his ass, nor any thing that is thy neighbor's.
Page 153 - Be it therefore enacted, that whensoever the death of a person shall be caused by wrongful act, neglect or default, and the act, neglect or default is such as would (if death had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof...
Page 154 - ... death had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof, then, and in every such case, the person who would have been liable if death had not ensued, shall be liable to an action for damages, notwithstanding the death of the person injured, and although the death shall have been caused under such circumstances as amount in law to felony.
Page 3 - Thou shalt not bow down thyself to them, nor serve them, for I the Lord thy God am a jealous God, visiting the iniquity of the fathers upon the children unto the third and fourth generation of them that hate me, and showing mercy unto thousands of them that love me and keep my commandments. "Thou shalt not take the name of the Lord thy God in vain, for the Lord will not hold him guiltless that taketh his name in vain.
Page 199 - Every action must be prosecuted in the name of the real party in interest, except that an executor or administrator, a trustee of an express trust, or a person expressly authorized by statute, may sue, without joining with him the person for whose benefit the action is prosecuted. A person, with whom or in whose name, a contract is made for the benefit of another, is a trustee of an express trust, within the meaning of this section.
Page 49 - That the forms of writs, executions and other process, except their style, and the forms and modes of proceeding in suits, in those of common law shall be the same as are now used in the said Courts respectively in pursuance of the Act entitled: "An Act to regulate processes in the Courts of the United States...
Page 107 - States are plaintiffs, or petitioners; or an alien is a party, or the suit is between a citizen of the state where the suit is brought, and a citizen of another state.
Page 107 - L. 78) declares, that the Circuit Courts of the United 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...
Page 260 - The absolute power of alienation shall not be suspended by any limitation or condition whatever, for a longer period than during the continuance of not more than two lives in being at the creation of the estate, except in the single case mentioned in the next section.