A Collection of Overruled, Denied, and Doubted Decisions and Dicta, Both American and EnglishJohn S. Voorhies, 1856 - 548 sider |
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Vanlige uttrykk og setninger
11 Mass 15 Johns 16 Wend 20 Johns action admissible Adol ante assumpsit attorney authority Bank Barb bill Bing Brown Buller Burr Camp Chancery cited Clark common law Coms Conn contract court coverture Cowen Cowp Cranch creditors debt decided decision deed defendant Denied Denio doctrine Doubted Doug Dougl Dowl East Eldon Eliz Ellenborough equity evidence executor feme covert Freem Greenl Hardwicke held Hill Holt indorser Jackson Johnson Jones judgment Kent Kenyon Lord Lord Eldon Lord Tenterden Mansfield Moll Moore mortgage nisi prius Ohio opinion Opposed Overruled Paige party payment Penn Phil Pick plaintiff plea pleaded prove question Rawle Raym recover replevin reported Reversed rule Salk says Selden Smith statute statute of frauds Taunt Term testator Thompson trover usurious Vern Williams Wils witness
Populære avsnitt
Side 180 - Equity is a roguish thing : for law we have a measure, know what to trust to ; equity is according to the conscience of him that is chancellor, and as that is larger or narrower, so is equity. "Tis all one as if they should make the standard for the measure we call a foot...
Side 142 - ... under circumstances which ought to have excited the suspicion of a prudent and careful man.
Side 146 - 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...
Side 407 - ... in the course of professional employment. 3. A clergyman or priest cannot, without the consent of the person making the confession, be examined as to any confession made to him in his professional character in the course of discipline enjoined by the church to which he belongs.
Side 263 - ... when the mortgagor is left in possession, the true inference to be drawn is an agreement that he shall possess the premises at will in the strictest sense, and, therefore, no notice is ever given him to quit, and he is not even entitled to reap the crop, as other tenants at will are, because all is liable to the debt, on payment of which the mortgagee's title ceases. The mortgagor has no power, express or implied, to let leases not subject to every circumstance of the mortgage.
Side 161 - It is settled, and is a resolution of convenience, that the joint creditors shall be first paid out of the partnership or joint estate, and the separate creditors out of the separate estate of each partner, and if there be a surplus of the joint estate, besides what will pay the joint creditors, the same shall be applied to pay the separate creditors; and if there be, on the other hand, a surplus of the separate estate beyond what will satisfy the separate creditors, it shall go to supply any deficiency...
Side 303 - A profit made, or loss imposed on the necessities of the borrower, whatever form, shape, or disguise it may assume, where the treaty is for a loan, and the capital is to be returned at all events, has always been adjudged to be so much profit taken upon a loan, and to be a violation of those laws which limit the lender to a specific rate of interest.
Side 341 - ... the mortgage, is entitled to the rent in arrear at the time of the notice, as well as to that which accrues afterwards.
Side 424 - No particular time is necessary for evidence of a dedication : it is not, like a grant, presumed from length of time : if the act of dedication be unequivocal, it may take place immediately : for instance, if a man builds a double row of houses opening into an ancient street at each end, making a street, and sells or lets the houses, that is instantly a highway.
Side 187 - ... established, and on great and essential grounds of justice, that relief can be had against any deed or contract in writing founded in mistake or fraud. The mistake may be shown by parol proof, and the relief granted to the injured party, whether he sets up the mistake, affirmatively by bill, or as a defense.