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The American Decisions: Containing All the Cases of General Value ..., Svazek 83
Úplné zobrazení - 1887
The American Decisions: Containing All the Cases of General Value ..., Svazek 37
Úplné zobrazení - 1886
The American Decisions: Containing All the Cases of General Value ..., Svazek 62
Úplné zobrazení - 1886
action administrator admissible admitted agent alleged allowed amount answer appear appellant apply assignment attachment authority Bank bill bond cause charge circumstances cited claim common complainant condition consideration constitution contract court creditors damages debt decision decree deed defendant demand duty effect entitled equity error evidence execution exempt existence express fact follows fraud give given granted ground held hold husband injury intention interest issue judge judgment jurisdiction jury land liable lien limited matter ment mortgage nature necessary negligence notice objection officer operate opinion owner paid party pass payment person plaintiff possession premises present principal proper proved purchaser question reason received record recover referred refused regard relation respect rule says Smith sold statute sufficient suit taken tion trial trust wife witness
Strana 308 - That the records and judicial proceedings of the courts of any state, shall be proved or admitted in any other court within the United States, by the attestation of the clerk, and the seal of the court annexed, if there be a seal, together with a certificate of the judge, chief justice, or presiding magistrate, as the case may be, that the said attestation is in due form.
Strana 372 - Every such corporation shall start and run their cars for the transportation of passengers and property at regular times to be fixed by public notice, and shall furnish sufficient accommodations for the transportation of all such passengers and property, as shall within a reasonable time previous thereto, offer or be offered for transportation...
Strana 67 - Every subject of the Commonwealth ought to find a certain remedy, by having recourse to the laws, for all injuries or wrongs which he may receive in his person, property or character. He ought to obtain right and justice freely, and without being obliged to purchase it; completely, and without any denial; promptly, and without delay ; conformably to the laws.
Strana 350 - ... when the party by his own contract creates a duty or charge upon himself, he is bound to make it good, if he may, notwithstanding any accident by inevitable necessity, because he might have provided against it by his contract.
Strana 220 - ... will, a court may inquire into every material fact relating to the person, who claims to be interested under the will, and to the property, which is claimed as the subject of disposition, and to the circumstances of the testator and of his family and affairs ; for the purpose of enabling the court to identify the person or thing intended by the testator, or to determine the quantity of interest he has given by his will.
Strana 334 - ... conversation ; not only so much as may explain or qualify the matter introduced by the previous examination, but even matter not properly connected with the part introduced upon the previous examination, provided only that it relate to the subject-matter of the suit, because it would not be just to take part of a conversation as evidence against a party, without giving to the party, at the same time, the benefit of the entire residue of what he said on the same occasion.
Strana 372 - ... discharge such passengers and property at, from, and to such places, on the due payment of tolls, freight, or fare, legally authorized therefor.
Strana 586 - Hence the legal maxim, transit in rem judicatam, — the cause of action is changed into matter of record, which is of a higher nature, and the inferior remedy is merged in the higher. This appears to be equally true where there is but one cause of action, whether it be against a single person or many. The judgment of a court of record changes the nature of that cause of action, and prevents its being the subject of another suit, and the cause of action, being single, cannot afterwards be divided...
Strana 109 - The privilege of the debtor to enjoy the necessary comforts of life, shall be recognized by wholesome laws, exempting a reasonable amount of property from seizure or sale for the payment of any debt or liability hereafter contracted; and there shall be no imprisonment for debt, except in case of fraud.
Strana 55 - No estate or interest in lands, other than leases for a term not exceeding one year, nor any trust or power over or concerning lands, or in any manner relating thereto, shall hereafter be created, granted, assigned, surrendered, or declared, unless by act or operation of law, or by deed, or conveyance in writing...