Reports of Cases Argued and Determined in the Supreme Court And, at Law, in the Court of Errors and Appeals of the State of New Jersey, Volumen1Soney and Sage, 1816 |
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Términos y frases comunes
Aaron Ogden act of assembly action of debt admitted affidavit alleged appeared arbitrators assumpsit attorney award bail bill bond brought Burr CERTIORARI to Justice charge Chief Justice circumstances cited claim common law contended counsel covenant CURIAM damages declaration deed defendant delivered demise discharge ejectment entered entitled error estate tail evidence Ex-dem execution executors fact favour forfeited forfeiture fraud fraudulent Gloucester County ground Habeas Corpus heir Hinchman indictment intention issue John Judge jurisdiction jury KINSEY C. J. land Leake LECONY legislature Lord Mansfield manumission ment motion negro New-Jersey Nisi Prius nonsuit NOTE.-See notice objection Ogden opinion parol party payment person Pettit plaintiff plaintiff in error plea pleaded possession prisoner proceedings prove publick quashed question reason recover rule Salk scire facias sheriff show cause statute Stockton sufficient term testator testimony tion trial verdict void voir dire wife witness words writ
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Página 234 - If a day be appointed for payment of money, or part of it, or for doing any other act, and the day is to happen, or may happen, before the thing which is the consideration of the money, or other act, is to be performed, an action may be brought for the money, or for not doing such other act before performance; for it appears that the party relied upon his remedy, and did not intend to make the performance a condition precedent...
Página 235 - Where a covenant goes only to part of the consideration on both sides, and a breach of such covenant may be paid for in damages, it is an independent covenant, and an action may be maintained for a breach of the covenant on the part of the defendant, without averring performance in the declaration.
Página 59 - the principles and rules of the common law, as now universally known and understood, are so strong against fraud in every shape, that the common law would have attained every end proposed by the statutes 13 Eliz. c. 5, and 27 Eliz. c. 4. The former of these statutes relates to creditors only : the latter to purchasers. These statutes cannot receive too liberal a construction, or be too much extended in suppression of fraud.
Página 12 - Defendant afterwards, under leave, reserved at the trial, moved for and obtained a rule to show cause why the verdict should not be set aside...
Página 235 - Where two acts are to be done at the same time, as where A covenants to convey an estate to B on such a day, and in consideration thereof B covenants to pay A a sum of money on the same day, neither can maintain an action without...
Página 99 - An ejectment is a possessory remedy, and only competent where the lessor of the plaintiff may enter: therefore it is always necessary for the plaintiff to shew, that his lessor had a right to enter ; by proving a possession within twenty years, or accounting for the want of it, under some of the exceptions allowed by the statute. Twenty years...
Página 133 - Grey, the chief justice, had declared it to be his opinion, that such estates being of inheritance, which he thought British subjects might hold in Calcutta, were not assets in the hands of an executor or administrator for the payment of debts, and that if liable for the debts of the deceased at all, they were liable in the hands Of the heir, who was the person to be sued, and not the executor or administrator.
Página 61 - though he had hardly known one case, where the person conveying was indebted at the time...
Página 158 - It has been contended, also, that, if such a power be really granted to the orphan's' court, it is unconstitutional, because the right to a jury is secured by that instrument to each individual of the community. To this I answer: The Constitution does not extend the right to a trial by jury to cases which did not fall within its province before the existence of that charter. The chancery, prerogative, and spiritual courts have always proceeded without the intervention of a jury; and the orphans...
Página 249 - That to the court of King's Bench belongs authority, not only to correct errors in judicial proceedings, but other errors and misdemeanors extrajudicial, tending to the breach of peace, oppression of subjects, or to the raising of faction, controversies, debate, or to any manner of misgovernment.