A Treatise on the Civil Jurisdiction of Justices of the Peace in the State of New York, Bagian 2W. & A. Gould & Company, 1841 |
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Halaman 573
... payment in an action of debt , or non - payment or non - performance of the defendant's promise in an action of assumpsit , or of his covenant in an action of covenant , ) for matter of defence should be left to be pleaded or otherwise ...
... payment in an action of debt , or non - payment or non - performance of the defendant's promise in an action of assumpsit , or of his covenant in an action of covenant , ) for matter of defence should be left to be pleaded or otherwise ...
Halaman 605
... payments . And the said D. did thereby , for himself , his executors , administrators and assigns , covenant ... pay , or cause to be paid , to the said P. , his heirs or assigns , the said yearly rent , or sum of fifty dollars , at the ...
... payments . And the said D. did thereby , for himself , his executors , administrators and assigns , covenant ... pay , or cause to be paid , to the said P. , his heirs or assigns , the said yearly rent , or sum of fifty dollars , at the ...
Halaman 606
... pay a debt of the firm , it is not neces- sary to aver notice to the defendant of the debt , nor of the suit , recovery and payment . 5 Wen . 499. A declaration on a contract to perform a certain work , alleging that the plaintiff had ...
... pay a debt of the firm , it is not neces- sary to aver notice to the defendant of the debt , nor of the suit , recovery and payment . 5 Wen . 499. A declaration on a contract to perform a certain work , alleging that the plaintiff had ...
Halaman 614
... payment for goods , by the vendee , or the non - delivery of them , by the vendor . In these cases , if either party would sue upon his agreement , the ven- dor for not paying , or the vendee for not delivering , the vendor must aver ...
... payment for goods , by the vendee , or the non - delivery of them , by the vendor . In these cases , if either party would sue upon his agreement , the ven- dor for not paying , or the vendee for not delivering , the vendor must aver ...
Halaman 615
... Payment should not be averred unless the fact is so , for payment is not essential to support the action . id . On the subject of warranties and frauds , in general , upon the sale of chattels , vid . ante , 310 to 332 . The forms which ...
... Payment should not be averred unless the fact is so , for payment is not essential to support the action . id . On the subject of warranties and frauds , in general , upon the sale of chattels , vid . ante , 310 to 332 . The forms which ...
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Istilah dan frasa umum
12 John adjournment affidavit aforesaid alleged amended amount ante appear apply arbitrators assumpsit attorney aver award bond Caines cause of action certiorari chattels Chit cited claim commenced common pleas constable contract costs county of Saratoga courts of record Cowen & Hill's creditor damages debt debtor declaration defendant defendant's delivered demand demurrer discharge endorsed evidence execution fact favor fraud given held Hill's Notes horse interest issue James Jackson John Doe John Smith judgment juror jury justice justice's court levy liable matter ment Notes to Phil notice oath paid party payment person plaintiff plea in abatement plead Prac proceedings promise proof proper prove question Ransom Cook recover refused request Richard Roe rule SARATOGA COUNTY Saratoga Springs set-off statute sufficient suit summons sworn tender thereof tion town of Saratoga trespass trial trover verdict voire dire warrant witness
Bagian yang populer
Halaman 1056 - Every sale made by a vendor, of goods and chattels in his possession or under his control, and every assignment of goods and chattels, unless the same be accompanied by an immediate delivery and be followed by an actual and continued change of possession of the things...
Halaman 1004 - If the payment be less than the interest, the surplus of interest must not be taken to augment the principal; but interest continues on the former principal until the period when the payments, taken together, exceed the interest due, and then the surplus is to be applied towards discharging the principal; and interest is to be Computed on the balance, as aforesaid.
Halaman 1005 - Compute the interest on the principal sum, from the time when the interest commenced to the first time when a payment was made, which exceeds either alone or in conjunction with the preceding payment...
Halaman 762 - ... the time of his absence shall not be deemed or taken as any part of the time limited for the commencement of such action.
Halaman 631 - America, to be paid to the said , his certain attorney, executors, administrators or assigns, to which payment well and truly to be made, I do bind myself, my heirs, executors and administrators, jointly and severally, for and in the whole, firmly by these presents.
Halaman 732 - Such judgment or adjudication is final and conclusive, not only as to the matter actually determined, but as to every other matter which the parties might have litigated and have had decided, as incident to or essentially connected with the subject-matter of the litigation, and every matter coming within the legitimate purview of the original action, both in respect to matters of claim and of defence
Halaman 725 - From the variety of cases relative to judgments being given in evidence in civil suits, these two deductions seem to follow as generally true: first, that the judgment of a Court of concurrent jurisdiction, directly upon the point, is as a plea, a bar, or as evidence, conclusive, between the same parties, upon the same matter, directly in question in another Court...
Halaman 1014 - Judgments are the sentence of the law, pronounced by the court upon the matter contained in the record; and are of four sorts.
Halaman 782 - Sheriff', or his certain attorney, executors, administrators or assigns, for which payment to be well and truly made we bind ourselves, and each and every of us in the whole, our and each and every of our heirs, executors and administrators, firmly by these presents, sealed with our seals.
Halaman 762 - Imprisoned on a criminal charge, or, in execution under the sentence of a criminal court, for a term less than his natural life ; or, 4. A married woman. The time of such disability is not a part of the time limited for the commencement of the action...