A Practical Abridgment of American Common Law Cases Argued and Determined in the Courts of the Several States, and the United States Courts, from the Earliest Period to the Present Time: Alphabetically Arranged; with Notes and References to the Statutes of Each State and Analogous Adjudications
Treadway & Atwood, 1833
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abatement according action administration admitted affidavit agreement alien allowed amend appeal applied arbitrators arrest assigned Assumpsit attachment authority award bond brought cause consideration considered contract costs count court creditor damages death debt debtor decided defendant delivered demand Demurrer discharge effect entered entitled error ET AL evidence execution executors fact give given granted ground Held issue Johns joined joint judge judgment jurisdiction jury justice land March Mass matter ment Motion N. Y. Rep objection officer opinion original paid party payment Penn performance person plaintiff plea plea in abatement pleaded present principle proceedings promise proved question reason received record recover reference rendered rule Smith statute submission sufficient suit taken term tion tort trespass trial United verdict Vide void writ
Halaman 465 - Where the arbitrators were guilty of misconduct in refusing to postpone the hearing, upon sufficient cause shown, or in refusing to hear evidence pertinent and material to the controversy; or of any other misbehavior by which the rights of any party have been prejudiced.
Halaman 410 - And for the true performance of all and singular the covenants and agreements aforesaid, the said parties bind themselves, each unto the other, firmly by these presents.
Halaman 465 - Where there was an evident miscalculation of figures, or an evident mistake in the description of any person, thing or property, referred to in the award.
Halaman 313 - And shall have exclusive cognizance of all crimes and offences cognizable under the authority of the United States...
Halaman 254 - ... could not be contended that this condemnation operated a change of property. Upon principle, then, it would seem that, to a certain extent, the capacity of the court to act upon the thing condemned, arising from its being within, or without their jurisdiction, as well as the constitution of the court, may be considered by that tribunal which is to decide on the effect of the sentence.
Halaman 167 - ... *That a note, without a special contract, would not, of itself, dis- r*oĢ4 charge the original cause of action, is not denied. But it is insisted, *that if, by express agreement, the note is received as payment, it satisfies the original contract, and the party receiving it must take his remedy on it. This principle appears to be well settled. The note of one of the parties or of a third person may, by agreement, be received in payment.
Halaman 107 - ... has departed therefrom, with intent to defraud his creditors, or to avoid the service of a summons, or keeps himself concealed therein with the like intent...
Halaman 338 - ... defectively or imperfectly stated or omitted, and without which it is not to be presumed that either the judge would direct the jury to give or the jury would have given the verdict, such defect, imperfection, or omission is cured by the verdict...
Halaman 254 - ... which it has determined. In some cases that jurisdiction unquestionably depends as well on the state of the thing as on the constitution of the court. If by any means whatever a prize court should be induced to condemn as prize of war a vessel which was never captured, it could not be contended that this condemnation operated a change of property. Upon principle, then, it would...