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Questions and Answers on Law, Alphabetically Arranged: With ..., Volumen7
Vista completa - 1851
Questions and Answers on Law: Alphabetically Arranged, with ..., Volumen7
Vista completa - 1847
action admitted agent agreement alleged amount appear assigned authority bank become benefit bill bond brought cause charge cited claim common consideration considered constitute contract count Court creditors damages death debt deed defendant delivered demand discharge Effect endorser entered entitled Equity error et al evidence execution fact fraud fraudulent give given ground hands held husband indictment intention interest issue Johns Judge judgment jury justice land liable limits maintain maker Mass matter mortgage necessary notice objection officer Ohio opinion owner paid party payment person plaintiff possession present principal promise proof prove purchase question reason received recover refused rendered rule served sheriff statute sufficient suit surety sustained taken third tion town trial trust valid verdict Wend wife witness writ
Página 120 - Receipt whereof is hereby acknowledged, hath Granted, Bargained, and Sold, and by these presents, Doth Grant, Bargain and Sell unto the said...
Página 170 - We think, that in all cases of this nature, the law has invested courts of justice with the authority to discharge a jury from giving any verdict, whenever, in their opinion, taking all the circumstances into consideration, there is a manifest necessity for the act, or the ends of public justice would otherwise be defeated.
Página 170 - ... the ends of public justice would otherwise be defeated. They are to exercise a sound discretion on the subject ; and it is impossible to define all the circumstances which would render it proper to interfere. To be sure, the power ought to be used with the greatest caution, under urgent circumstances, and for very plain and obvious causes...
Página 74 - full faith and credit shall be given in each State to the public acts, records, and judicial proceedings of every other State ; and the Congress may by general laws prescribe the manner in which such acts, records, and proceedings shall be proved and the effect thereof...
Página 27 - ... or any interest in or concerning them, or upon any agreement that is not to be performed within the space of one year from the making thereof, unless the agreement upon which such action shall be brought, or some memorandum or note thereof shall be in writing and signed by the party to be charged therewith...
Página 135 - But be these considerations as they may, we see no reason why, as these clauses are a known part of the stipulations of the policy, they ought not to receive a fair and reasonable interpretation according to their terms and obvious import. The insured has no right to complain, for he assents to comply with all the stipulations on his side, in order to entitle himself to the benefit of the contract, which upon reason or principle, he has no right to ask the court to dispense with the performance of...
Página 75 - such judgment shall be conclusive evidence of the liabilities of the defendant who was served with process in the suit, or who appeared therein ; but against every other defendant it shall be evidence only of the extent of the plaintiff's demand, after the liability of such defendant shall have been established by other evidence.
Página 78 - It is universally admitted and established that the forms of remedies, and the modes of proceeding, and the execution of judgments, are to be regulated solely and exclusively by the laws of the place where the action is instituted...
Página 181 - An officer de facto is one who exercises the duties of an office under color of an appointment or election to that office.
Página 54 - To bring a person within the description of a common carrier, he must exercise it as a public employment ; he must undertake to carry goods for persons generally ; and he must hold himself out as ready to engage in the transportation of goods for hire, as a business, not as a casual occupation pro hac vice.