Reports of Cases Decided in the Special Court of Appeals of Virginia, Held at Richmond [1855-1857]: And A General Index to Grattan's Reports from the 2d to the 11th Volume Inclusive, Volume 1G. M. West, 1856 |
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Halaman 20
... pleading would not be tolerated in a case at law , either civil or criminal . Even in a criminal case , you indict a man for murder and convict him of man- slaughter . III . As to the supposed irregularity of the supple- mental bill ...
... pleading would not be tolerated in a case at law , either civil or criminal . Even in a criminal case , you indict a man for murder and convict him of man- slaughter . III . As to the supposed irregularity of the supple- mental bill ...
Halaman 32
... Pleading and Practice , 159 , first American edition . In a case in which it does not necessarily arise , I do not feel called upon to express my opinion upon a question so interesting and important , and so embarrassed by the ...
... Pleading and Practice , 159 , first American edition . In a case in which it does not necessarily arise , I do not feel called upon to express my opinion upon a question so interesting and important , and so embarrassed by the ...
Halaman 40
... pleaded by Elleman , and was set out in oyer in the replication , with an averment that the action was prosecuted against Elleman jointly with Forbes , for the purpose of enabling the plaintiff to recover payment of moneys due from Elle ...
... pleaded by Elleman , and was set out in oyer in the replication , with an averment that the action was prosecuted against Elleman jointly with Forbes , for the purpose of enabling the plaintiff to recover payment of moneys due from Elle ...
Halaman 41
... pleads it as a matter of legal defence . If it would not protect him at law , -as it seems it would not , on the authority of Solly v . Forbes , & c . , - much less should it protect him here , where it is against all the justice of the ...
... pleads it as a matter of legal defence . If it would not protect him at law , -as it seems it would not , on the authority of Solly v . Forbes , & c . , - much less should it protect him here , where it is against all the justice of the ...
Halaman 48
... pleaded , any more than the act of limitations , bankruptcy , & c . ? ( Vide opinion of TYLER , J. ) In November , 1848 , Jonathan C. Gibson and Samuel Chilton brought an action of assumpsit against John C. Major , ex'or of William ...
... pleaded , any more than the act of limitations , bankruptcy , & c . ? ( Vide opinion of TYLER , J. ) In November , 1848 , Jonathan C. Gibson and Samuel Chilton brought an action of assumpsit against John C. Major , ex'or of William ...
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adm'r alleged amount appellant appellees assignment bail bond Carlisle cause cestuis que trust champerty chancery chose in action Circuit Court cited claim Clements commissioner committee contract counsel County Court court of equity creditors death debt decree deed defendant demurrer devised discharge Edmunds Elliott entitled et ux evidence ex'or ex'r execution executor Fanny father father's estate fees filed fraud fund Gibson Grat ground hotchpot husband instruction intention interest intestacy intestate January Term John Judge judgment jury legacy legatees Leigh lunatic Lynchburg Madison Major's ment Munf negroes notice opinion paid pari delicto parties payment Perkins petition plaintiff pleaded portion possession posthumous child principle proceeding provision purchase quantum meruit question Ragland received recover Richmond Robert Burton scire facias secret trust settlement sheriff Sherrard slaves Smith statute suit sureties testator Thompson tion trust Turner Venable void wife witnesses writ
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Halaman 250 - Therefore, where, as here, the testator gave all his property to his wife for life, and at her death to his children then living, and in case of their death to their legal, representatives, share and share alike...
Halaman 322 - And indeed in cases where both parties are in delicto, concurring in an illegal act, it does not always follow that they stand in pari delicto, for there may be, and often are, very different degrees in their guilt.
Halaman 73 - The law of maintenance, as I understand it upon the modern constructions, is confined to cases where a man improperly, and for the purpose of stirring up litigation and strife, encourages others either to bring actions, or to make defences which they have no right to make.
Halaman 40 - It is assumed, that, wherever the word " release " is made use of, it must operate absolutely and unconditionally, though immediately and in the same sentence followed by words, which shew it to be partial and particular only, and the general words being in no respect repugnant to the special words, but the latter a qualification merely of the former, leaving the release to operate to every purpose except to the exclusion of the particular purpose, which the parties have declared it to be their intention...
Halaman 195 - Porter, deceased, do out of the assets of said estate in their hands to be administered, pay to the appellant his costs by him expended in the prosecution of his appeal aforesaid here; and this Court proceeding to...
Halaman 36 - A release to one of two joint obligors, or to one of two joint and several obligors, is a release to the other. The bond is thereby discharged as to both, and no action can be sustained upon it. No body denies that this is so, in a court of law; and there is not an instance in any of the books, in which it has been held to be otherwise in a court of equity.
Halaman 40 - I exceedingly commend the Judges that are curious and almost subtil, astuti, to invent reason and means to make acts according to the just intent of the parties, and to avoid wrong and injury, which by rigid rules might be wrought out of the act;" and my Lord Hale in the case of Crossing and Scudamore, 1 Vent.
Halaman 429 - Deft, that in case he shall be cast in this suit he shall pay and satisfy the condemnation of the Court or render his body to Prison in Execution for the same or that the said Thomas will do it for him.
Halaman 231 - And thereupon the plaintiff moved the court to set aside the verdict of the jury, and to grant him a new trial...
Halaman 349 - ... shall succeed to the same portion of the father's estate as such child or children or descendants would have been entitled to if the father had died intestate; towards raising which portion the devisees and legatees, or their representatives, shall contribute proportionably out of the part devised and bequeathed to them by the same will and testament.