Cases Argued and Adjudged in the Supreme Court of Florida, Volume 5 |
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Halaman 14
... ment of the appellant's counsel . It is contended on behalf of appellant that the respond- ent , Bailey , is not in a position to claim the aid of a court of equity . The general rule of equity undoubtedly is , that if a creditor seeks ...
... ment of the appellant's counsel . It is contended on behalf of appellant that the respond- ent , Bailey , is not in a position to claim the aid of a court of equity . The general rule of equity undoubtedly is , that if a creditor seeks ...
Halaman 15
... ment and execution at law - that the fiat on the scire facias was rendered without any actual notice to Doggett , and is therefore simply void . A scire facias is a writ necessarily founded upon some matter of record , and must issue ...
... ment and execution at law - that the fiat on the scire facias was rendered without any actual notice to Doggett , and is therefore simply void . A scire facias is a writ necessarily founded upon some matter of record , and must issue ...
Halaman 16
... ment , namely , the old judgment for the debt , and , 5 , s . , damages for the intention , and , 40 , s . , costs , together with the costs of increase . And in Hankins vs. Broomhead , ( 3 Bos . & Pul . R. , 607 , ) it was so held in ...
... ment , namely , the old judgment for the debt , and , 5 , s . , damages for the intention , and , 40 , s . , costs , together with the costs of increase . And in Hankins vs. Broomhead , ( 3 Bos . & Pul . R. , 607 , ) it was so held in ...
Halaman 17
... ment , provides for the mode and manner of serving orig- inal process , that which commences or institutes a suit for the first time ; and is silent as to the service of mesne pro- cess , such as a scire facias , which is the ...
... ment , provides for the mode and manner of serving orig- inal process , that which commences or institutes a suit for the first time ; and is silent as to the service of mesne pro- cess , such as a scire facias , which is the ...
Halaman 19
... ment , after the lapse of more than a year and a day , with- out revival by sci fa . , it was ruled by this court , that it was an irregularity only , of which the defendant in execu- tion alone could take advantage . But here it is ...
... ment , after the lapse of more than a year and a day , with- out revival by sci fa . , it was ruled by this court , that it was an irregularity only , of which the defendant in execu- tion alone could take advantage . But here it is ...
Istilah dan frasa umum
action Adm'r agent alleged amount Andrew Young answer Apalachicola appellant appellees apply Archer assigned authority Bailey-Opinion of Court Bank of Florida Barrow bond and mortgage cause charter Circuit Court cited claim complainant consideration contract conveyance counsel Court of Equity creditors Darden debt declaration decree deed defendant demurrer Doggett Duval county entitled evidence execution executor fact filed fraud Hart heir held Holbrook interest Isaiah D issue John Judge judgment jury land Lanier Leon county Lott matter McKinnie ment Morrison negroes Nourse objection opinion paid party payment persons plaintiff plaintiff in error plea pleaded possession prisoner proof purchase question re-issue record replevin respondent rule scire facias Simpson slaves Southern Life Insurance statute stockholders suit Supreme Court Tallahassee term testator thereof Thomas tion trial Union Bank void Walker wife Wiley Daniels Wilson & Cleland witness writ of error
Bagian yang populer
Halaman 71 - wherever the subject to be administered as trust property, and the objects for whose benefit it is to be administered, are to be found in a will not expressly creating a trust, the indefinite nature and quantum of the subject, and the indefinite nature of the objects, are always used by the court as evidence that the mind of the testator was not to create a trust...
Halaman 169 - The act of incorporation is to them an enabling act; it gives them all the power they possess ; it enables them to contract, and when it prescribes to them a mode of contracting, they must observe that mode, or the instrument no more creates a contract than if the body had never been incorporated.
Halaman 219 - The general rule, now adopted, is, not to entertain jurisdiction, in cases of confusion of boundaries, upon the ground, that the boundaries are in controversy ; ' but, to require, that there should be some Equity superinduced by the act of the parties...
Halaman 59 - ... trust, the indefinite nature and quantum of the subject, and the indefinite nature of the objects, are always used by the court as evidence, that the mind of the testator was not to create a trust; and the difficulty, that would be imposed upon the court to say, what should be so applied, or to what objects, has been the foundation of the argument, that no trust was intended.
Halaman 93 - ... judgment or decree complained of, or by a justice of the supreme court of the United States, in the same manner and under the same regulations; and the writ shall have the same effect, as if the judgment or decree complained of, had been rendered or passed in a...
Halaman 290 - ... free and voluntary: that is, [it] must not be extracted by any sort of threats or violence; nor obtained by any direct or implied promises, however slight, nor by the exertion of any improper influence.
Halaman 207 - The discretion of a judge is the law of tyrants : it is always unknown ; it is different in different men ; it is casual, and depends upon constitution, temper, and passion. In the best, it is oftentimes caprice ; in the worst it is every vice, folly, and passion, to which human nature is liable.'*- — Lord Camden.
Halaman 600 - ... all of his estate, both real and personal, during her natural life, and at her death directs the property to be equally divided between the children of the tenant for life ; and by another clause expresses his "will and desire...
Halaman 94 - That a writ of error as aforesaid shall be a supersedeas and stay execution in cases only where the writ of error is served, by a copy thereof being lodged for the adverse party in the clerk's office where the record remains, within ten days, Sundays exclusive, after rendering the judgment or passing the decree complained of.
Halaman 548 - But even though there be no other gift than in the direction to pay or distribute in futuro, yet, if such payment or distribution appear to be postponed for the convenience of the fund or property, as where the future gift is postponed to let in some other interest...