A Treatise on the Limitations of Actions at Law and Suits in Equity and Admiralty: With an Appendix Containing the American and English Statutes of LimitationsLittle, Brown, 1876 - 710 halaman |
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Halaman 8
... payment ; and it must be manifest that there is much injustice in compelling him to preserve the acquittances which prove the debt to be satisfied , after a reasonable time . In a modern case in England , it was declared by one of the ...
... payment ; and it must be manifest that there is much injustice in compelling him to preserve the acquittances which prove the debt to be satisfied , after a reasonable time . In a modern case in England , it was declared by one of the ...
Halaman 15
... payment , but is merely a statutory bar to a recovery . It is a shield and not a weapon of offence , and so is ineffectual where a party seeks affirmative relief upon allegations of payment . In such case payment in fact must be shown ...
... payment , but is merely a statutory bar to a recovery . It is a shield and not a weapon of offence , and so is ineffectual where a party seeks affirmative relief upon allegations of payment . In such case payment in fact must be shown ...
Halaman 49
... payment were more than six years before the commencement of the suit , but the granting of the first administration was less than six years before . Thus , the general question of law was , Did the time of limitation prescribed by the ...
... payment were more than six years before the commencement of the suit , but the granting of the first administration was less than six years before . Thus , the general question of law was , Did the time of limitation prescribed by the ...
Halaman 61
... payment of the debt , which all nations ought to regard , it is not easy to see why the presumption of such payment , thus arising from the lex loci contractus , 1 Bulger v . Roche , 11 Mass . 36. Lord Kames says : When a process is ...
... payment of the debt , which all nations ought to regard , it is not easy to see why the presumption of such payment , thus arising from the lex loci contractus , 1 Bulger v . Roche , 11 Mass . 36. Lord Kames says : When a process is ...
Halaman 62
... payment , release , or judgment , which in effect extinguish the contract , or whether they are to be considered as affecting the remedy , only by determining the time within which a particular mode of enforcing it shall be pursued ...
... payment , release , or judgment , which in effect extinguish the contract , or whether they are to be considered as affecting the remedy , only by determining the time within which a particular mode of enforcing it shall be pursued ...
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A Treatise on the Limitations of Actions at Law and Suits in Equity and ... J. K. Angell,John Wilder May Pratinjau terbatas - 2024 |
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Istilah dan frasa umum
acknowledgment action accrued action of assumpsit administrator admission adverse possession applied assumpsit authority Bank Barr Penn barred begins to run bill brought cause of action cestui que trust Chief Justice claim commenced common law contract court of equity creditor Cush debtor decision declaration deed defendant demand disability disseisin doctrine ejectment entitled evidence executor feme covert formedon fraud Greenl heir held indorsement Jackson Johns Jones judgment jury lapse latitat liable Lord Lord Mansfield Mass Massachusetts ment merchants mortgage opinion paid party payment person Peters U. S. plaintiff plea plead the statute presumption principle promise to pay promissory note Rawle Penn recover remedy right of action right of entry rule says seisin Serg Shep Smith stat statute begins statute of limitations statute runs sued sufficient suit supra Supreme Court testator tion twenty Watts Penn Wend writ of right
Bagian yang populer
Halaman clxxx - That in Actions of Debt or upon the Case grounded upon any Simple Contract no Acknowledgment or Promise by Words only shall be deemed sufficient Evidence of a new or continuing Contract, whereby to take any Case out of the Operation of the...
Halaman 219 - ... all actions of debt grounded upon any lending or contract, without specialty, and all actions of debt for arrearages of rent, shall be commenced and sued within six years next after the cause of such action or suit, and not after.
Halaman xviii - December, 1833, no person shall make an entry or distress, or bring an action to recover any land or rent, but within twenty years next after the time at which the right to make such entry or distress or to bring such action shall have first accrued to some person through whom he claims...
Halaman clxix - If a person entitled to bring an action die before the expiration of the time limited for the commencement thereof, and the cause of action survive, an action may be commenced by his representatives, after the expiration of that time and within one year from his death.
Halaman clxxix - That in actions of debt, or upon the case, grounded upon any simple contract, no acknowledgment or promise by words only shall be deemed sufficient evidence of a new or continuing contract...
Halaman 307 - Provided always, that nothing herein contained shall alter or take away or lessen the Effect of any Payment of any Principal or Interest made by any Person whatsoever...
Halaman cv - ... within the age of twenty-one years, feme covert, non compos mentis, imprisoned, or beyond the seas, that then such person or persons shall be at liberty to bring the same actions, so as they take the same within such times as are before limited, after their coming to or being of full age, discovert, of sane memory, at large, and returned from beyond the seas, as other persons, having no such impediment, should have done.
Halaman vii - ... shall have been in such possession or receipt then such right shall be deemed to have first accrued at the time at which the person claiming as aforesaid or the person through whom he claims became entitled to such possession or receipt by virtue of such instrument.
Halaman xvi - No action or suit, or other proceeding, shall be brought to recover any sum of money secured by any mortgage, judgment, or lien, or otherwise charged upon or payable out of any land or rent...
Halaman clxxxiv - An action against a sheriff, coroner, or constable upon a liability incurred by the doing of an act in his official capacity and in virtue of his office, or by the omission of an official duty, including the non-payment of money collected upon an execution. But this subdivision does not apply to an action for an escape. Section 340. Within One Year: 1. An action upon a statute for a penalty or forfeiture...