A Full and Arranged Digest of the Decisions in Common Law, Equity, and Admiralty, of the Courts of the United States: From the Oganization of the Government in 1789 to 1847, in the Supreme, Circuit, District and Admiralty Courts; Reported in Dallas, Cranch, Wheaton, Peters, and Howard's Supreme Court Reports; in Gallison, Mason, Paine, Peters, Washington, Wallace, Sumner, Story, Baldwin, Brockenbrough, and M'Lean's Circuit Court Reports; and in Bees, Ware, Peters, and Gilpin's District and Admiralty Reports, Volume 1Lewis & Blood, 1860 |
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Halaman 31
... plaintiff a proper action , the policy of the law does not permit him to avail himself of it at the trial . 1 Peters , C. C. R. 111–117 . 28. Although one partner is not bound singly to pay a bill due from him and his partner , if ...
... plaintiff a proper action , the policy of the law does not permit him to avail himself of it at the trial . 1 Peters , C. C. R. 111–117 . 28. Although one partner is not bound singly to pay a bill due from him and his partner , if ...
Halaman 36
... plaintiff to render an account . Baker v . Biddle , 1 Bald- win , C. C. R. 418 . Account , in Chancery Proceedings . - Account Render . ACCORD AND SATISFACTION . 1. A plea of accord , without pleading satis- faction , is bad ; both must ...
... plaintiff to render an account . Baker v . Biddle , 1 Bald- win , C. C. R. 418 . Account , in Chancery Proceedings . - Account Render . ACCORD AND SATISFACTION . 1. A plea of accord , without pleading satis- faction , is bad ; both must ...
Halaman 38
... plaintiff had no legal demand against the defendant , " is not objectionable on the ground that it is uncertain , or ... plaintiff brought an action of assumpsit for money paid , laid out , and expended for the plaintiff's use , the ...
... plaintiff had no legal demand against the defendant , " is not objectionable on the ground that it is uncertain , or ... plaintiff brought an action of assumpsit for money paid , laid out , and expended for the plaintiff's use , the ...
Halaman 39
... plaintiff would give time , whenever the promissor should be able , the declaration need not state that the plaintiff accepted the promise . It is sufficient to aver that time was given , and the ability of the de- fendant . Ibid . 20 ...
... plaintiff would give time , whenever the promissor should be able , the declaration need not state that the plaintiff accepted the promise . It is sufficient to aver that time was given , and the ability of the de- fendant . Ibid . 20 ...
Halaman 43
... plaintiff declared on this promise . The bill not being paid , the obligation was at an end , and the plaintiff failed in his action , so far as it was founded on that promise . The clear meaning of the promise was , to pay , provided ...
... plaintiff declared on this promise . The bill not being paid , the obligation was at an end , and the plaintiff failed in his action , so far as it was founded on that promise . The clear meaning of the promise was , to pay , provided ...
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Istilah dan frasa umum
11 Wheat act of congress action admiralty agent agreement alleged amount answer appeal assignment assumpsit averment Bank Bank of Alexandria bill of exchange bottomry bottomry bond brought capture cargo cause certified charge chose in action circuit court claim common law Cond contract conveyance court of chancery court of equity Cranch creditor debt debtor declaration decree deed defendant discharge district court drawer endorser entitled evidence Ex'rs execution fact filed fraud Gallis given heirs held holder Ibid judges judgment jurisdiction jury land Lessee liable libel lien Mason's C. C. R. master ment notice opinion owner paid parties payment person Peters plaintiff plea pleaded port possession principles proceed proceedings promise purchase question recover rule salvage seamen ship statute statute of limitations suit Sumner's C. C. R. supreme court sureties tion trust United vessel voyage wages Wash Wheat writ of error writ of right
Bagian yang populer
Halaman 165 - States, and the decision is in favor of such their validity, or where is drawn in question the construction of any clause of the constitution, or of a treaty, or statute of, or commission held under the United States, and the decision is against the title, right, privilege or exemption specially set up or claimed by either party, under such clause of the said Constitution, treaty, statute or commission...
Halaman 163 - A final judgment or decree in any suit, in the highest court of law or equity of a State in which a decision in the suit could be had, where is drawn in question the validity of a treaty or statute of, or an authority exercised under the United States, and the decision is against their validity...
Halaman 419 - It has also been observed that an act of Congress ought never to be construed to violate the law of nations, if any other possible construction remains, and consequently can never be construed to violate neutral rights, or to affect neutral commerce, further than is warranted by the law of nations as understood in this country.
Halaman 397 - As men whose intentions require no concealment generally employ the words which most directly and aptly express the ideas they intend to convey, the enlightened patriots who framed our constitution, and the people who adopted it, must be understood to have employed words in their natural sense, and to have intended what they have said.
Halaman 284 - An act to provide for the better security of the lives of passengers on board of vessels propelled in whole or in part by steam...
Halaman 199 - The testimony of any witness may be taken in any civil cause depending in a district or circuit court by deposition de bene esse, when the witness lives at a greater distance from the place of trial than one hundred miles...
Halaman 105 - That, though penal laws are to be construed strictly, they are not to be construed so strictly as to defeat the obvious intention of the legislature.
Halaman 216 - The government of the Union, then (whatever may be the influence of this fact on the case), is emphatically and truly a government of the people. In form and in substance it emanates from them. Its powers are granted by them, and are to be exercised directly on them, and for their benefit.
Halaman 371 - It is clear, there can be no common law of the United States. The federal government is composed of twenty-four sovereign and independent states; each of which may have its local usages, customs and common law. There is no principle which pervades the Union and has the authority of law, that is not embodied in the constitution or laws of the Union.
Halaman 165 - State in which a decision in the suit could be had, where is drawn in question the validity of a treaty or statute of, or an authority exercised under, the United States, and the decision is against their validity; or where is drawn in question the validity of a statute of, or an authority exercised under, any State, on the ground of their being repugnant to the Constitution, treaties or laws of the United States...