Reports of Cases Argued and Determined in the Court of Chancery, the Prerogative Court, And, on Appeal, in the Court of Errors and Appeals, of the State of New Jersey, Volumen6
Hough & Gillespy, Printers, 1871
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action admitted agreed agreement alleged allowed amount answer appeal applied assignment authority Bergen bill bond cause Chancellor charge circumstances claim common law Company complainant condition consent consideration considered Constitution construction contract conveyed court of equity creditors death debt decree deed defendant denied directed effect entitled equal equity established evidence execution Executor existence express fact father filed fraud further give given grant Green ground held husband improvements injunction intended interest issue Jersey judgment jurisdiction Justice lands limitation March matter meaning ment mortgage necessary never notice object opinion paid party payment performance person present principle proof proper purchase question railroad reason received referred relief rule says secure settled share statute street sufficient suit taken testimony tion trust whole wife witness
Página 537 - June  all declarations or creations of trusts or confidences of any lands, tenements, or hereditaments, shall be manifested and proved by some writing signed by the party who is by law enabled to declare such trust, or by his last will in writing, or else they shall be utterly void and of none effect.
Página 422 - ... committed before the adoption of this constitution, may be proceeded upon as if no change had taken place. The several courts, except as herein otherwise provided, shall continue with the like powers and jurisdiction, both at law and in equity, as if this constitution had not been adopted, and until the organization of the judicial department under this constitution.
Página 428 - ... it is not on slight implication and vague conjecture that the Legislature is to be pronounced to have transcended its powers, and its acts to be considered void. The opposition between the Constitution and the law should be such that the judge feels a clear and strong conviction of their incompatibility with each other.
Página 513 - The court may determine any controversy between parties before it, when it can be done without prejudice to the rights of others, or by saving their rights ; but when a complete determination of the controversy cannot be had without the presence of other parties, the court must order them to be brought in.
Página 394 - And even when time is not thus either expressly or impliedly of the essence of the contract, if the party seeking a specific performance has been guilty of gross laches, or has been inexcusably negligent in performing the contract on his part ; or if there has, in the intermediate period, been...
Página 512 - 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.
Página 17 - W. by deed or will should appoint ; " and, for want of such appointment, to the heirs of the body of " W., share and share alike, as tenants in common ; and if but one " child, the whole to such only child ; and, for want of such issue, " to the heirs of the testator.
Página 513 - Any person may be made a defendant who has or claims an interest in the controversy adverse to the plaintiff, or who is a necessary party to a complete determination or settlement of the question involved therein.
Página 414 - The judicial power shall be vested in a Court of Errors and Appeals, in the last resort in all causes, as heretofore ; a Court for the trial of Impeachments ; a Court of Chancery; a Prerogative Court ; a Supreme Court...
Página 439 - The judicial power shall be vested in a court of errors and appeals in the last resort in all causes, as heretofore ; a court for the trial of impeachments ; a court of chancery ; a prerogative court ; a supreme court ; circuit courts, and such inferior courts as now exist, and as may be hereafter ordained and established by law ; which inferior courts the legislature may alter or abolish, as the public good shall require.