A Treatise Upon Some of the General Principles of the Law: Whether of a Legal, Or of an Equitable Nature, Including Their Relations and Application to Actions and Defenses in General, Whether in Courts of Common Law, Or Courts of Equity; and Equally Adapted to Courts Governed by Codes, Volum 5

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W. Gould & Son, 1878
 

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Removal from office
12
Vacancy in office
13
Article EL Of the powers and duties of officers in general
14
Of particular officers
15
Mode of exercising powers
16
General powers of officers
17
Assigning or transfer of office
18
Rights and compensation
19
Pay of judicial officers
22
Fees of clerks of courts
25
Fees of officers of courts
26
Office and officer Continued page
27
Defenses
38
Recovery for injuries to child
46
Parent and child Continued page
53
CHAPTER CV
82
Receivers Continued page
98
Partnerships
105
Partnerships Continued page
146
CHAPTER CVII
156
CHAPTER CVIII
167
CHAPTER CIX
185
Of the rights and liabilities of the principal
193
Principal asd surety Continued page Section 3 In reference to third persons
194
Of the rights and liabilities of the surety
195
Liability to third persons
196
Of the rights and liabilities of the surety
197
Liabilities and rights as to third persons
198
Perfecting right of action
199
Exhausting remedy against the principal
200
Parties in suits against sureties
201
Defense to suit against surety
202
What is not a defense
203
Suretys rights of reimbursement from principal
204
Amount of recovery
205
Limits of recovery
206
Right to retain funds of the principal
208
Insolvency of principal
209
Sureties rights to priority
210
Part payment by surety
211
Defense to suretiesaction
212
Subrogation of surety to the rights of creditor
213
When not subrogated
215
Effect of subrogation
216
Assigning creditors securities
217
Of the rights of cosureties
218
Rights to contribution
220
Amount recoverable
221
When not recoverable
222
How obtained
224
Defenses to action
225
Of the discharge of sureties
226
What is not a discharge
227
Payment of creditors demand
229
Discharge of the principal
230
Changing the contract or obligation
231
Taking a new security
232
Impairing the sureties remedy
233
Refusal of creditor to sue principal on notice or de mand
234
When a refusal to sue is no discharge
236
Mere delay no discharge
237
Principal ANjp surety Continued page Section 12 Negligence of creditor
238
Giving time to the principal when a discharge
239
When not a discharge
242
When a forbearance to sue is a discharge
244
Suretiesassent to giving time
246
Discharge how set up
247
CHAPTER CX
248
What court may grant
249
When granted
250
When refused
251
When a matter of right and when discretionary
253
At what time granted
254
Bar by delay
255
Who may join in
256
CHAPTER CXI
258
In what cases it lies
259
When it does not lie
260
When discretionary
261
Trying title to office
262
Usurping franchise
263
Forfeiting franchise
264
What court has jurisdiction
266
Defenses
267
What title in issue
268
Hearing or trial
269
Costs
270
CHAPTER CXII
272
Organization of company
273
Railroads Continued paoe Section 3 Subscriptions to stock
274
Powers as to property
278
Power to make contracts
279
May sue or be sued
281
Dissolution or forfeiture
282
Acquiring lands for roads etc
284
Right of eminent domain
286
Title or interest acquired
288
Taking for public use
289
Taking highways
290
Bridging streams
291
Obstructing streams
292
Locating road
293
Changing location
294
Compensation
295
Interest acquired in land
300
Mode of construction
301
Liable for defects and injuries 802
302
Contracts for construction
303
Fencing line of road
305
Cattle guards
306
Liabilities in regard to officers agents and servants
308
Officers
309
Agents
310
Conductor
311
Sections Superintendent
313
Employees and laborers
314
Rights duties and liabilities in management of road
315
Right to tolls
316
Delivery of goods
318
Delay in transportation or delivery
319
Injury to goods 820
320
Stoppage in transit
321
Injuries to passengers
322
Delay of trains 823
323
Ejection of passengers
324
Using tracks of another road
325
Regulations notice etc
326
Injuries to adjoining property
328
Injuries in crossing track
329
Injuries to stray animals
331
Connected or associated railroads
332
Duty to keep the road safe
334
Carriage of goods
335
Of horse and street railroads
337
Rules and regulations
340
Injuries to other persons
343
Contributory negligence
345
Remedies
346
Injunction 848
348
Specific performance
350
Receivers
351
Receivers
353
In what cases and over what property a receiver will be appointed
355
Corporations and associations
359
Partnership
360
Mortgages
362
Executors and trustees
364
Infants
367
Tenants in common
369
Construction of will
370
Who appointed receiver
376
What title he takes
388
CHAPTER CXIV
395
CHAPTER CXV
419
Redemption of real estate Continued page Section 5 Who defendant
431
Assignee of mortgage
432
Terms of redemption
433
Judgment
435
CHAPTER CXVI
437
Definition and nature
439
For error or mistake
443
Jurisdiction
458
When it does not lie
463
What title or possession will support the action
471
What title or possession is not sufficient
475
What property may be replevined
477
What property may not be replevined
478
When demand is necessary
480
When no demand is necessary
481
Who may maintain the action
484
Who cannot maintain the action
485
Who may be sued
486
Who may not be sued
487
Of defenses in general
489
Abatement
490
Pleas to the action
491
Insufficient pleas
493
General issue
494
Non detinet
495
Replevin Continued vace Section 22 Avowry
496
Plea of property
497
Replication
498
Damages for detention
499
Judgment of return to defendant
500
Of the verdict or finding
501
What judgments are proper
502
Effect of verdict and judgment
503
Execution
504
When the action does not lie
505
Amount of recovery
506
CHAPTER CXVIII
507
In what cases decreed
510
For error or mistake
513
For fraud
514
For error of scrivener
519
Unsealed instruments
521
Against whom decreed
523
Decree rendered 552
525
CHAPTER CXIX
527
Who may sell
528
Must be a thing to be sold
530
The price to be paid
532
Mutual assent of the parties
533
What dealings amount to a sale
536
What dealings do not amount to a sale
538
Contract of sale in writing
539
Executed and executory contracts
541
Transfer of specific chattels
542
Transfer of chattels not specific
543
Sales Continued page Section 13 Subsequent appropriation
544
Sellers right of sale
546
Conditional sales
547
Sale or return or on trial
551
Sale by sample
553
Warranty in express terms
554
Implied warranty of title
560
Implied warranty of quality
561
Caveat emptor
564
What is a breach of warranty
566
Delivery of the property
567
Time of delivery
568
Place of delivery
570
Quantity delivered
571
How delivered in general
572
Delivery to third persons
573
Constructive delivery
574
Symbolic delivery illustrations of
575
By deed or bill of sale
577
By transfer of bill of lading
578
Buyers duty to accept
579
Buyers duty to pay
580
Mode of payment
581
Delivery without payment
584
At which time title passes
586
Of the statute of frauds
589
What contracts are within the statute
590
What are goods wares and merchandise
591
Of the value of ten pounds etc
596
What is a sufficient acceptance
598
Earnest and part payment
601
Section l What is a sufficient memorandum
603
What is not a sufficient memorandum
605
Signature by the party
606
Signature by agent
607
Remedies of parties
608
Action where title has passed
610
Sellers remedies against the goods
611
Resale
613
Lien
620
Sales Continued pace Section 9 Action when title has passed
624
Action after receiving goods
625
Rescission by seller
630
Rescission by buyer
632
Mutual rescission
633
Illegality at common law
634
Illegality by statute
635
Rights of bona fide purchasers
637
Defense of fraud in action by seller
638
Defense of fraud in action by buyer
639
CHAPTER CXX
641
In what cases a proper remedy 642
642
On judgments between the parties
643
Against heirs devisees etc
645
Reviving decree in chancery
646
Recognizances or statutes
647
Within what time
648
Who to be plaintiff
649
Form and complaint etc
650
Defenses
651
Plea or answer
652
Judgment
653
Costs
654
CHAPTER CXXI
655
Founded on the loss of service
656
Who may maintain the action
657
Action by the father
658
Action by the mother
659
Action by stepfather
660
CHAPTER CXXII
672
Shipping Continued paq
685
Of general average
702
Stoppage in transitu
709
Of the seamen
721
Slaitdeb
727
Slander Continued paoi
728
Slander of title
761
What contracts may be enforced
775
Specific performance Continued page Section 6 When vendee may enforce
779
When vendee cannot enforce
780
Enforcing contracts of married women
783
Must be competent parties
784
Assent to the contract
785
Of the consideration
786
Mutuality of contract
787
Certainty
788
Contract must be proved or admitted
790
Contract must be reasonable
791
Vendor not compelled to perform a different con tract
792
Assignee of contract
793
Fraud and misrepresentation
795
Mistake
795
Effect of waiver release novation etc
796
Contract affects those only who claim under its parties
797
Requisites of writing
798
Effect of performance or payment of price
799
Taking possession and making improvements
800
Signing of contract by one party
802
When performance excused
803
Mode of performance
804
Tender when necessary
805
What is sufficient tender
806
Effect of inability or failure of plaintiff to perform
807
Where time is essential
808
Effect of delay
810
Compensation for delay
811
Where vendor seeks performance
813
Where vendee seeks performance
815
Parties to action
816
When not proper parties plaintiff
817
Who to be defendants
818
Specific performance Continued paok
819

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Side 565 - Thirdly, where a known described and defined article is ordered of a manufacturer, although it is stated to be required by the purchaser for a particular purpose, still if the known, described, and defined thing be actually supplied, there is no warranty that it shall answer the particular purpose intended by the buyer.
Side 589 - That no contract for the sale of any goods, wares, and merchandise, for the price of ten pounds sterling or upwards, shall be allowed to be good, except the buyer shall accept part of the goods so sold, and actually receive the same, or give something in earnest to bind the bargain, or in part...
Side 616 - Such notice may be given either to the person in actual possession of the goods or to his principal. In the latter case the notice, to be effectual, must be given at such time and under such circumstances that the principal, by the exercise of reasonable diligence, may communicate it to his servant or agent in time to prevent a delivery to the buyer.
Side 632 - Where a party desires to rescind upon the ground of mistake or fraud he must, upon the discovery of the facts, at once announce his purpose, and adhere to It. If he be silent, and continue to treat the property as his own. he will be held to have waived the objection, and will be conclusively bound by the contract, as If the mistake or fraud had not occurred. He Is not permitted to play fast and loose. Delay and vacillation are fatal to the right which had before subsisted.
Side 635 - Every contract made for or about any matter or thing which is prohibited and made unlawful by any statute is a void contract, though the statute itself does not mention that it shall be so, but only inflicts a penalty on the offender, because a penalty implies a prohibition, though there are no prohibitory words in the statute.
Side 105 - A contract of two or more competent persons, to place their money, effects, labor and skill, or some or all of them, in lawful commerce or business, and to divide the profit and bear the loss in certain proportions.
Side 589 - ... the buyer shall accept part of the goods or choses in action so contracted to be sold or sold, and actually receive the same, or give something in earnest to bind the contract, or in part payment, or unless some note or memorandum in writing of the contract or sale be signed by the party to be charged or his agent in that behalf.
Side 590 - ... be actually made, procured, or provided, or fit or ready for delivery, or some act may be requisite for the making or completing thereof, or rendering the same fit for delivery...
Side 712 - Produce boats, fishing boats, rafts, or other water craft navigating by hand power or by the current of the river, or anchored or moored in or near the channel or fairway and not in any port, and not otherwise provided for in these rules, shall sound a fog horn, or equivalent signal at intervals of not more than one minute.
Side 231 - It is not sufficient that he may sustain no injury by a change in the contract, or that it may even be for his benefit. He has a right to stand upon the very terms of his contract; and if he does not assent to any variation of it, and a variation is made, it is fatal.

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