The American Jurist and Law Magazine, Band 11Freeman & Bolles, 1834 |
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Seite 8
... tion in Mr. Theobald's book , must be regarded as an imperfec- tion . Pothier enumerates three kinds of sureties ; conventional , legal , judicial Conventional would include drawers and en- dorsers , whose obligation is never mentioned ...
... tion in Mr. Theobald's book , must be regarded as an imperfec- tion . Pothier enumerates three kinds of sureties ; conventional , legal , judicial Conventional would include drawers and en- dorsers , whose obligation is never mentioned ...
Seite 18
... tion of the party grieved , and proof that the execution came to the sheriff's hands . Now can a sheriff who has thus been made liable to pay , and who has paid money , not having collected it from the debtor , use the process which the ...
... tion of the party grieved , and proof that the execution came to the sheriff's hands . Now can a sheriff who has thus been made liable to pay , and who has paid money , not having collected it from the debtor , use the process which the ...
Seite 19
... tion , but his own obligation to return the execution , is the ground of his condemnation . And it is this last obligation , not the defendant's , which he discharges by payment of the ' money and costs mentioned in the execution ...
... tion , but his own obligation to return the execution , is the ground of his condemnation . And it is this last obligation , not the defendant's , which he discharges by payment of the ' money and costs mentioned in the execution ...
Seite 33
... tion as an Instance Court . The proceedings on the prize side of the court are of a peculiar nature , and are governed by a peculiar mode of practice . Generally , speaking , in instance 1 See 2 Wheaton R. Appx . p . 25 , 26. The Die ...
... tion as an Instance Court . The proceedings on the prize side of the court are of a peculiar nature , and are governed by a peculiar mode of practice . Generally , speaking , in instance 1 See 2 Wheaton R. Appx . p . 25 , 26. The Die ...
Seite 35
... tion of any voluntary concealment by the parties implicated of their own knowledge of the facts . But if the testimony were admissible , it could avail but little against the opposing testimony of persons not similarly situated . If ...
... tion of any voluntary concealment by the parties implicated of their own knowledge of the facts . But if the testimony were admissible , it could avail but little against the opposing testimony of persons not similarly situated . If ...
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Häufige Begriffe und Wortgruppen
11 Pick act was passed action alleged amount appear apply arrest assignment assumpsit authority averment bill bond breach cause chancery charge citizens claim common law Company condition constitution contract court court of chancery court of equity covenant creditor debt debtor decision declaration deed defendant devise discharge doctrine domicil effect entitled equity evidence execution executors fact feme covert foreign fraud Gill & Johns give given grant grantor held imprisonment incorporated insolvent Insurance interest issue judge judgment jurisdiction jurists jury justice land legislature liable limitations marriage ment mortgage obligation officer opinion paid party payment person plaintiff plea pleaded possession principles proceedings promissory note prove purchaser question replevin rule salvage says statute statute of frauds statute of limitations suit surety tenant testator tion trespass trustee United usurious valid verdict void Wend witness writ
Beliebte Passagen
Seite 10 - no action shall be brought whereby to charge any executor or administrator upon any special promise to answer damages out of his own estate ; or whereby to charge the defendant upon any special promise to answer for the debt, default, or miscarriage of another person...
Seite 255 - States, in all respects whatever, upon the fundamental condition that the fourth clause of the twentysixth section of the third article of the Constitution submitted on the part of said State to Congress shall never be construed to authorize the passage of any law, and that no law shall be passed in conformity thereto, by which any citizen of either of the States in this Union shall be excluded from the enjoyment of any of the privileges and immunities to which such citizen is entitled under the...
Seite 239 - State; provided that the right hereby declared and established shall not be so construed as to excuse acts of licentiousness, or to justify practices inconsistent with the peace and safety of the State.
Seite 255 - It shall be their duty, as soon as may be, to pass such laws as may be necessary, First. To prevent free negroes and mulattoes from coming to and settling in this state under any pretext whatsoever ; and, Second.
Seite 239 - In all criminal prosecutions or indictments for libels, the truth may be given in evidence to the jury ; and if it shall appear to the jury that the matter charged as libellous is true, and was published with good motives, and for justifiable ends, the party shall be acquitted; and the jury shall have the right to determine the law and the fact.
Seite 240 - That the person of a debtor, where there is not strong presumption of fraud shall not be continued in prison after delivering up his estate for the benefit of his creditors in such manner as shall be prescribed by law.
Seite 255 - State, by a solemn public act, shall declare the assent of the said State to the said fundamental condition, and shall transmit to the President of the United States on or before the fourth Monday in November next an authentic copy of the said act; upon the receipt whereof the President, by proclamation, shall announce the fact; whereupon, and without any further proceeding on the part of Congress, the admission of the said State into this Union shall be considered as complete.
Seite 217 - Every mortgage so filed shall cease to be valid as against the creditors of the person making the same, or against subsequent purchasers or mortgagees in good faith, after the expiration of one year from the filing thereof, unless, within thirty days next preceding the expiration of each and every term of one year...
Seite 135 - In other words, as the cases universally hold, a statute specifying a time within which a public officer is to perform an official act regarding: the rights and duties of others is directory...
Seite 396 - Generally speaking," says Story, " the validity of a contract is to be decided by the law of the place where it is made, unless it is to be performed in another country; for, as we shall presently see, in the latter case, the law of the place of performance is to govern.