The Southern Law Review, Volum 7Soule, Thomas & Wentworth, 1882 |
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Side 37
... action to recover back the difference between that sum and the $ 1,200 paid by him in the first instance . The defendant set up that the contract was entire , and maintained that the action would not lie without proof that the plaintiff ...
... action to recover back the difference between that sum and the $ 1,200 paid by him in the first instance . The defendant set up that the contract was entire , and maintained that the action would not lie without proof that the plaintiff ...
Side 57
... Action . A contract to marry must be clearly distinguished from the marriage con- tract , or marriage institution , which rests upon solemn foun- dations of its own . Promises to marry have been treated by the common law from the ...
... Action . A contract to marry must be clearly distinguished from the marriage con- tract , or marriage institution , which rests upon solemn foun- dations of its own . Promises to marry have been treated by the common law from the ...
Side 58
... action at all . " Indeed , " observes Worden , J. , " the principle which upholds such action is as old as the principle which gives damages in any case for the breach of a contract . And it is immaterial whether any case can be found ...
... action at all . " Indeed , " observes Worden , J. , " the principle which upholds such action is as old as the principle which gives damages in any case for the breach of a contract . And it is immaterial whether any case can be found ...
Side 145
... Action depending , what is Act of February 24 , 1834. — The mere issuing of process against a defendant , and its return tarde venit or nihil habet , does not constitute an " action depending " within the meaning of the act of February ...
... Action depending , what is Act of February 24 , 1834. — The mere issuing of process against a defendant , and its return tarde venit or nihil habet , does not constitute an " action depending " within the meaning of the act of February ...
Side 150
... actions only ; a pro- ceeding to disbar an attorney is not " an action . " In re Hahn , Ct . App . N. Y. , Rep . , March 9 , 1881 , p . 344 . --- Action for malicious prosecution - Liability of attorney .. An action for malicious ...
... actions only ; a pro- ceeding to disbar an attorney is not " an action . " In re Hahn , Ct . App . N. Y. , Rep . , March 9 , 1881 , p . 344 . --- Action for malicious prosecution - Liability of attorney .. An action for malicious ...
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Populære avsnitt
Side 213 - that the laws of the several states, except where the Constitution, treaties or statutes of the United States shall otherwise require or provide, shall be regarded as rules of decision in trials at common law in the courts of the United States in cases where they apply.
Side 867 - Where two parties have made a contract which one of them has broken, the damages which the other party ought to receive in respect of such breach of contract should be such as may fairly and reasonably be considered either arising naturally, ie, according to the usual course of things, from such breach of contract itself...
Side 868 - ... such as may fairly and reasonably be considered either arising naturally — ie, according to the usual course of things, from such breach of contract itself — or such as may reasonably be supposed to have been in the contemplation of both parties at the time they made the contract, as the probable result of the breach of it.
Side 490 - And when in any suit mentioned in this section there shall be a controversy which is wholly between citizens of different states, and which can be fully determined as between them, then either one or more of the defendants actually interested in such controversy may remove said suit into the circuit court of the United States for the proper district.
Side 785 - ... or where the decision will affect a class of cases, or furnish a precedent for the future action of any executive department in the adjustment of a class of cases, without regard to the amount involved in the particular case, or where any authority, right, privilege, or exemption is claimed or denied under the Constitution of the United States...
Side 910 - There seems no doubt that where there is a positive contract to do a thing, not in itself unlawful, the contractor must perform it or pay damages for not doing it, although in consequence of unforeseen accidents, the performance of his contract has become unexpectedly burdensome or even impossible.
Side 785 - Aliens who are citizens or subjects of any government which accords to citizens of the United States the right to prosecute claims against such government in its courts, shall have the privilege of prosecuting claims against the United States in the Court of Claims, whereof such court, by reason of their subject matter and character, might take jurisdiction.
Side 391 - The power to regulate navigation is the power to prescribe rules in conformity with which navigation must be carried on. It extends to the persons who conduct it, as well as to the instruments used.
Side 663 - In actions of trespass, where the injury has been wanton and malicious, or gross and outrageous, courts permit juries to add to the measured compensation of the plaintiff which he would have been entitled to recover, had the injury been inflicted without design or intention, something further by way of punishment or example, which has sometimes been called "smart money.
Side 909 - The legislature shall direct by law in what manner and in what courts suits may be brought against the State.