A General Abridgment and Digest of American Law: With Occasional Notes and Comments, Volume 5Cummings, Hilliard & Company, 1824 |
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Halaman 21
... void . March 17 , 1784 , as to ch . 60 . § 14. General act for levying executions . Under this im- Mass , act , portant act , many estates are held . It directs the issuing , ex- tending , and serving of executions , and enacts , " that ...
... void . March 17 , 1784 , as to ch . 60 . § 14. General act for levying executions . Under this im- Mass , act , portant act , many estates are held . It directs the issuing , ex- tending , and serving of executions , and enacts , " that ...
Halaman 44
... void , " being to surrender a prisoner in execution , who had been once dis- charged ; " further , " where the condition of a bond is to do one of two things , shewing that one could not be performed , is no good reason for not having ...
... void , " being to surrender a prisoner in execution , who had been once dis- charged ; " further , " where the condition of a bond is to do one of two things , shewing that one could not be performed , is no good reason for not having ...
Halaman 56
... void may be avoided by plea . 3 Com . D .; error D. § 3. This statute of the United States , enacts , " that no gress , Sept. summons , writ , declaration , return , process , judgment , or 24 , 1789 , sect . 32 . other proceedings , in ...
... void may be avoided by plea . 3 Com . D .; error D. § 3. This statute of the United States , enacts , " that no gress , Sept. summons , writ , declaration , return , process , judgment , or 24 , 1789 , sect . 32 . other proceedings , in ...
Halaman 60
... void , ab initio , may be assigned for error , though pleadable in abatement ; as waiving the plea , cannot make a void writ good . § 16. So , on proceedings on the highway acts , certiorari , and not error , has been uniformly ...
... void , ab initio , may be assigned for error , though pleadable in abatement ; as waiving the plea , cannot make a void writ good . § 16. So , on proceedings on the highway acts , certiorari , and not error , has been uniformly ...
Halaman 93
... void ; and delivered to one 187. - Salk . justice is a supersedeas to all ; but it is not when sureties are 144 , 147 . not found according to law ; nor to taking a verdict , if de- livered after the jury is sworn , nor to an execution ...
... void ; and delivered to one 187. - Salk . justice is a supersedeas to all ; but it is not when sureties are 144 , 147 . not found according to law ; nor to taking a verdict , if de- livered after the jury is sworn , nor to an execution ...
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action of debt administrator alleged annuity appear arrest assigned assumpsit averment award bail bond brought Burr cause certiorari cited common law Common Pleas condition contract corporation costs court covenant creditor damages debtor declaration deed deft deft's delivered demand demurrer discharged distrain endorsed entered estoppel evidence execution executor feoffment forfeiture held issue Johns judge judgment jury justice land lease lessee lessor liable Mass matter ment mesne nil debet non est factum nonsuit obligee obligor officer oyer paid party payment penalty person plea in abatement pleaded plt's possession principle promise prove qui tam Raym record recover release rent replevin replication reversed rule Salk Saund scire facias sheriff shew statute Stra sued suit surety tenant tender thereof tiel tion trespass usury verdict void Wentw Wils writ of error
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Halaman 214 - The records and judicial proceedings of the courts of any State or Territory, or of any such country, shall be proved or admitted in any other court within the United States, by the attestation of the clerk, and the seal of the court annexed, if there be a seal, together with a certificate of the judge, chief justice, or presiding magistrate, that the said attestation is in due form.
Halaman 214 - Judicial proceedings, authenticated as aforesaid, shall have such faith and credit given to them in every court within the United States as they have by law or usage in the courts of the state from whence the said records are or shall be taken.
Halaman 495 - States, and be a legal tender for the payment of all debts and demands at the several and respective rates following, and not otherwise, viz.
Halaman 284 - Suit thereupon in his own Name, and the Court where the Action is brought, may by Rule or Rules of the same Court, give such Relief to the Plaintiff and Defendant in the Original Action, and to the Bail .upon the said Bond, or other Security taken from such Bail, as is agreeable to Justice and Reason, and that such Rule or Rules of the said Court shall have the Nature and Effect of a Defeazance to such Bail-Bond, or other Security for Bail.
Halaman 371 - Accordingly, it would seem to be a sound rule of law, that wherever a corporation is acting within the scope of the legitimate purposes of its institution, all parol contracts made by its authorized agents, are express promises of the corporation ; and all duties imposed on them by law, and all benefits conferred at their request, raise implied promises, for the enforcement of which an action may well lie.
Halaman 56 - States, shall be abated, arrested, quashed, or reversed for any defect, or want of form; but such court shall proceed and give judgment according as the right of the cause and matter in law shall appear to it, without regarding any such defect, or want of form...
Halaman 584 - It seems that an assault is an attempt, or offer, with force and violence, to do a corporal hurt to another...
Halaman 396 - Here are mutual items of account; and I take it to have been clearly settled, as long as I have any memory of the practice of the courts, that every new item and credit in an account given by one party to the other, is an admission of there being some unsettled account between them, the amount of which is afterwards to be ascertained ; and any act which the jury may consider as an acknowledgment of its being an open account, is sufficient to take the case out of the statute.
Halaman 590 - that if any person or persons shall, on purpose and of malice aforethought, by laying in wait, unlawfully cut out or disable the tongue, put out an...
Halaman 97 - Whereupon, all and singular, the premises being seen, and by the Court here fully understood, it is considered by the Court that the said Edwards be branded on his left hand, and immediately he is branded in his left hand and is delivered according to the form of the Statute.