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 5Treadway & Atwood, 1835 |
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Halaman 4
... admissible in criminal prosecutions for the homicide , yet , that the dying declarations , which are so admissible , must be the dying declarations of a person , in a situation to give a full and complete account of the facts of the ...
... admissible in criminal prosecutions for the homicide , yet , that the dying declarations , which are so admissible , must be the dying declarations of a person , in a situation to give a full and complete account of the facts of the ...
Halaman 5
... admissible in evidence . The declaration which was offered in evidence in Finn's case , 5 Rand . 701 , may be re- ferred to in illustration of this point . But if the declaration state facts distinctly , and , as far as the declaration ...
... admissible in evidence . The declaration which was offered in evidence in Finn's case , 5 Rand . 701 , may be re- ferred to in illustration of this point . But if the declaration state facts distinctly , and , as far as the declaration ...
Halaman 54
... admissible for the defendant . These declarations would have ses under been good against Smith , and are also competent evidence against defendant all who claim under him . This principle has been frequently re- be given in cognised ...
... admissible for the defendant . These declarations would have ses under been good against Smith , and are also competent evidence against defendant all who claim under him . This principle has been frequently re- be given in cognised ...
Halaman 55
... admissible in evidence . Spencer , J. It is not to be controverted , that parties whose rights to real property may be perfect , and the boundaries of which may be susceptible of certain and precise ascertainment may , by their acts ...
... admissible in evidence . Spencer , J. It is not to be controverted , that parties whose rights to real property may be perfect , and the boundaries of which may be susceptible of certain and precise ascertainment may , by their acts ...
Halaman 95
... admissible as secondary proof , in the absence of more perfect evidence , to establish the contents of the lease ; and if the transaction be an ancient one , and the possession has been long held under such release , and is not ...
... admissible as secondary proof , in the absence of more perfect evidence , to establish the contents of the lease ; and if the transaction be an ancient one , and the possession has been long held under such release , and is not ...
Istilah dan frasa umum
action assets assignment Assumpsit bank bill bond charge chattels chose in action claim Com'th common law Conn contract conveyance conveyed court held court of equity coverture Cowen's N. Y. Rep creditor debt debtor deceased declaration deed defendant dence devise ejectment entitled entry equity estopped estoppel EX'RS execution executor facias fact false feme feme covert fendant fieri facias fraud fraudulent freight grant habeas corpus heirs husband indictment insolvent intent issue JACKSON Johns judge judgment jury land lease legacy LESSEE lessor levy liable lien Mass ment mortgage paid parol evidence party payment person Pickg plaintiff plaintiff in error plea plead possession probate promise proof proved purchaser question Rawle's Penn recover respect rule seisin sell Sergt sheriff sold statute statute of frauds sufficient suit tenant tion trial trust U. S. Rep verdict void wife witness writ of error
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Halaman 296 - That where any revenue officer or other person hereafter becoming indebted to the United States, by bond or otherwise, shall become insolvent, or where the estate of any deceased debtor in the hands of executors or administrators shall be insufficient to pay all the debts due from the deceased, the debt due to the United States shall be first satisfied...
Halaman 534 - The writ of habeas corpus is a high prerogative writ, known to the common law, the great object of which is the liberation of those who may be imprisoned without sufficient cause. It is in the nature of a writ of error, to examine the legality of the commitment.
Halaman 237 - Yet the ^decision of the ordinary that the person on whose estate he acts is dead, if the fact be otherwise, does not invest the person he may appoint, with the character or powers of an administrator. The case, in truth, was not one within his jurisdiction. It was not one in which he had a right to deliberate. It was not committed to him by the law. And although one of the points occurs in all cases proper for his tribunal, yet that point cannot bring the subject Within his jurisdiction.
Halaman 438 - Forgery at common law has been defined as 'the fraudulent making or alteration of a writing to the prejudice of another man's right
Halaman 243 - If, after having made a will, the testator marries, and has issue of such marriage, born either in his lifetime or after his death, and the wife or issue survives him, the will is revoked, unless provision has been made for such issue by some settlement, or unless such issue are provided for in the will, or in such way mentioned therein as to show an intention not to make such provision; and no other evidence to rebut the presumption of such revocation...
Halaman 296 - States the money due upon such bond, such surety, his executor, administrator, or assignee, shall have the like priority for the recovery and receipt of the moneys out of the estate and effects of such insolvent or deceased principal as is secured to the United States ; and may bring and maintain a suit upon the bond, in law or equity, in his own name, for the recovery of all moneys paid thereon.
Halaman 330 - So far as the tort itself goes, an executor shall not be liable; and therefore it is, that all public and all private crimes die with the offender, and the executor is not chargeable; but so far as the act of the offender is beneficial, his assets ought to be answerable; and his executor therefore shall be charged.
Halaman 181 - There must be some injury to the party, to make the matter generally assignable as error. Upon this ground we shall pass over the exceptions taken to the ruling of the court in the preliminary stages of the cause, as to the title of the lessor of the plaintiff. Another exception is founded upon the refusal of the court to admit the parol evidence of a witness who was not present at the survey returned in...
Halaman 7 - I hold it to be clear that the public have no other right but that of passing and repassing, and that the title to the land, and all the profits to be derived from it, consistently with and subject to the right of way, remain in the owner of the soil.
Halaman 216 - II. c. 3, directs that all devises of lands and tenements shall not only be in writing, but signed by the testator, or some other person in his presence and by his express direction; and be subscribed, in his presence, by three or four credible witnesses.