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 : Comprising Under the Several Titles a Practical Treatise on the Different Branches of the Common Law, Volume 3Treadway & Atwood, 1834 |
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Halaman 5
... give it the character of a payment by compulsion - such as money paid to liberate a raft of lumber , detained in order to exact an illegal toll , -it may be recov ered back . Astley v . Weldon , 2 Bos . & P. 354 . That where a smaller ...
... give it the character of a payment by compulsion - such as money paid to liberate a raft of lumber , detained in order to exact an illegal toll , -it may be recov ered back . Astley v . Weldon , 2 Bos . & P. 354 . That where a smaller ...
Halaman 29
... give the answer ; 4 Wash . 732. So , in Treat v . Browning , 4 Con . 108 , the court ruled it was not for the defendant to object to the testimony of the witness , who was asked if he had not given a certificate , or made a declaration ...
... give the answer ; 4 Wash . 732. So , in Treat v . Browning , 4 Con . 108 , the court ruled it was not for the defendant to object to the testimony of the witness , who was asked if he had not given a certificate , or made a declaration ...
Halaman 36
... give evidence as to the general character of plaintiff in miti- gation of damages ? Quere . Fitz Herberts nat , Brevium is the greatest authority . Willes 120- Forbes v . Fanshaw , Trin . 24. G. 3 C. B. Denied in Latless v . Holmes , 4 ...
... give evidence as to the general character of plaintiff in miti- gation of damages ? Quere . Fitz Herberts nat , Brevium is the greatest authority . Willes 120- Forbes v . Fanshaw , Trin . 24. G. 3 C. B. Denied in Latless v . Holmes , 4 ...
Halaman 45
... give it the character of a payment by compulsion , such as money paid to liberate a raft of lumber , detained in or- der to exact an illegal toll ; for in such case the money may be recovered back . Hamilton v . Russell , 1 Cranch . 310 ...
... give it the character of a payment by compulsion , such as money paid to liberate a raft of lumber , detained in or- der to exact an illegal toll ; for in such case the money may be recovered back . Hamilton v . Russell , 1 Cranch . 310 ...
Halaman 51
... give the disseisee a right of action of trespass against a stranger . The case of Green v . Biddle would be enti- tled to consideration , if the present case depended upon the same point . But in this case the disturbance of the ...
... give the disseisee a right of action of trespass against a stranger . The case of Green v . Biddle would be enti- tled to consideration , if the present case depended upon the same point . But in this case the disturbance of the ...
Istilah dan frasa umum
11 Mass 12 Johns action admissible admitted agreement appear assignment Assumpsit authority averred BANK bill BLUE HILL TURNPIKE bond breach Burr cargo cause certiorari champerty charter party chose in action claim Com'th common law confession Conn constable contempt contract corporation court covenant Cowen's N. Y. Rep Cowp Cranch debt decided declarations deed defendant dence Denied East error evidence execution executor feme covert freight grant Greenl held indictment judge judgment jurisdiction jury justice land lessee liable mandamus ment opinion Overruled owner parish parol payment Penn performance person Pickg plaintiff plaintiff in error pleaded principle prisoner proceedings promise promissory note prove question quo warranto Raym recover rule Salk sheriff ship statute suit Taun Term testator tion town trespass trial trover U. S. Rep verdict vessel Vide void voyage Wend Wheat witness writ
Bagian yang populer
Halaman 569 - States are plaintiffs or petitioners ; or an alien is a party, or the suit is between a citizen of the State where the suit is brought and a citizen of another State.
Halaman 533 - The Cherokee nation, then, is a distinct community, occupying its own territory, with boundaries accurately described, in which the laws of Georgia can have no force, and which the citizens of Georgia have no right to enter, but with the assent of the Cherokees themselves, or in conformity with treaties, and with the acts of Congress.
Halaman 339 - In considering this very interesting question we immediately ask ourselves, what is a contract? Is a grant a contract? A contract is a compact between two or more parties, and is either executory or executed. An executory contract is one in which a party binds himself to do or not to do a particular thing; such was the law under which the conveyance was made by the governor.
Halaman 246 - Clearly the admission of one partner, made after the partnership has ceased, is not evidence to charge the other, in any transaction which has occurred since their separation ; but the power of partners with respect to rights created pending the partnership remains after the dissolution.
Halaman 531 - America, separated from Europe by a wide ocean, was inhabited by a distinct people, divided into separate nations, independent of each other and of the rest of the world, having institutions of their own, and governing themselves by their own laws.
Halaman 533 - The very fact of repeated treaties with them recognizes it; and the settled doctrine of the law of nations is that a weaker power does not surrender its independence — its right to self-government, by associating with a stronger and taking its protection. A weak State in order to provide for its safety, may place itself under the protection of one more powerful without stripping itself of the right of government, and ceasing to be a State. Examples of this kind are not wanting in Europe. "Tributary...
Halaman 138 - Eliz. c. 2, to be punished by six months' imprisonment, and treble damages to the party injured. Maintenance. 12. Maintenance is an offence that bears a near relation to the former, being an officious intermeddling in a suit that no way belongs to one, by maintaining or assisting either party, with money or otherwise to prosecute or defend it; a practice that was greatly encouraged by the first introduction of uses.
Halaman 196 - There is also a third sort of covenants, which are mutual conditions to be performed at the same time ; and in these, if one party was ready and offered to perform his part, and the other neglected or refused to perform his, he who was ready and offered has fulfilled his engagement, and may maintain an action for the default of the other though it is not certain that either is obliged to do the first act.
Halaman 290 - A solitary offender may be easily detected and punished. But combinations against law are always dangerous to the public peace, and to private security. To guard against the union of numbers to effect an unlawful design is not easy, and to detect and punish them is often difficult. The unlawful confederacy is therefore punished, to prevent the doing of any act in execution of it.
Halaman 535 - The only questions which can arise between an individual claiming a right under the acts done and the public, or any person denying its validity, are power in the officer and fraud in the party. All other questions are settled by the decision made or the act done by the tribunal or officer; whether executive, (1 Cranch, 170, 171,) legislative, (4 Wheat.