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Reports of Cases in Law and Equity, Argued and Determined in the ..., Svazek 55
Úplné zobrazení - 1876
according action administrator admitted agreement alleged amendment amount answer appear application assigned authority Bank bill bond brought cause charge claim complainant consideration considered continuance contract counsel County creditors debt decision decree deed defendant defendant in error delivering demand demurrer dollars entitled Equity evidence excepted execution executor facts favor filed fraud Georgia give given grant ground hands held hold indictment interest issued John Jones Judge judgment jurisdiction Jury land levy Limitations matter ment motion necessary negroes notice objection opinion original paid parties passed payment persons plaintiff in error possession presiding principle prove purchaser question reason received record refused rendered rule Sheriff sold Statute sufficient suit Superior Court sustained taken Term testimony tion trial true trust verdict wife witness
Strana 413 - Patience and gravity of hearing is an essential part of justice; and an overspeaking judge is no well-tuned cymbal. It is no grace to a judge first to find that which he might have heard in due time from the bar; or to show quickness of conceit in cutting off evidence or counsel too short, or to prevent information by questions, though pertinent.
Strana 366 - ... knowledge of all the facts, adopts or acquiesces in the acts done under an assumed agency, he cannot be heard afterwards to impeach them, under the pretence that they were done without authority, or even contrary to instructions.
Strana 347 - The true test of the interest of a witness is, that he will either gain or lose by the direct legal operation and effect of the judgment, or that the record will be legal evidence for or against him in some other action.
Strana 382 - the rule for jurisdiction is that nothing shall be intended to be out of the jurisdiction of a superior court but that which specially appears to be so...
Strana 469 - But a mere intruder cannot enter on a person actually seized and eject him, and then question his title or set up an outstanding title in another. The maxim that the plaintiff must recover on the strength of his own title, and not on the weakness of the defendant's, is applicable to all actions for the recovery of property.
Strana 72 - Parliament, also, it is not, in general, a true line of construction to decide according to the strict letter of the act ; but the Courts will rather consider what is its fair meaning («), and will expound it differently from the letter, in order to preserve the intent (x).
Strana 482 - Court upon a Supplicavit for security of the peace against her husband, and it is necessary, that she should live apart, as incidental to that the Chancellor will allow her separate maintenance : so in the Ecclesiastical Court, if it is necessary for a divorce a mensa et thoro propter scevitiam.
Strana 206 - We may, therefore, assume as the settled doctrine of this Court, that if a patent is absolutely void upon its face, or the issuing thereof was without authority, or was prohibited by statute, or the State had no title, it may be impeached collaterally in a Court of law, in an action of ejectment.
Strana 300 - Their influence has reached the courts of law, and the case of mortgages is one of the most splendid instances in the history of our jurisprudence, of the triumph of equitable principles over technical rules, and of the homage which those principles have received by their adoption in the courts of law.