A Treatise of the Law of Judgments: Including All Final Determinations of the Rights of Parties in Actions Or Proceedings at Law Or in Equity, Volum 3Bancroft-Whitney, 1925 - 3697 sider |
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Vanlige uttrykk og setninger
adjudication alleged appear applied authority Bank cause of action claim collateral Colo complaint conclusive confess judgment Conn constructive service court of equity creditor decree default judgment defendant divorce domicile effect enforcement entered entitled entry equitable relief error extrinsic fraud fact faith and credit filed foreign judgment fraud full faith granted ground habeas corpus held infra Iowa judg judgment by default judicial juris jurisdiction Mass matter ment Miller Minn motion N. J. Eq N. Y. Supp nonresident obtained party person plaintiff pleading probate proceedings quasi in rem question remedy rendered res judicata rule service of process sister Smedes Smith statute suit supra Tenn Thompson tion trial vacate valid void warrant of attorney Wash
Populære avsnitt
Side 2785 - No action or proceeding shall be open to objection, on the ground that a merely declaratory judgment or order is sought thereby, and the Court may make binding declarations of right whether any consequential relief is or could be claimed, or not.
Side 2798 - And the said records and judicial proceedings, authenticated as aforesaid, shall have such faith and credit given to them in every court within the United States as they have by law or usage in the courts of the State from whence the said records are or shall be taken.
Side 2569 - Where the unsuccessful party has been prevented from exhibiting fully his case, by fraud or deception practiced on him by his opponent, as by keeping him away from court, a false promise of a compromise; or where the defendant never had knowledge of the suit, being kept in ignorance by the acts of the plaintiff...
Side 2822 - It is a doctrine of law too long established to require a citation of authorities that, where a court has jurisdiction, it has a right to decide every question which occurs in the cause, and whether its decision be correct or otherwise, its judgment, till reversed, is regarded as binding in every other court...
Side 2570 - ... or where the defendant never had knowledge of the suit, being kept in ignorance by the acts of the plaintiff; or where an attorney fraudulently or without authority assumes to represent a party, and connives at his defeat; or where the attorney regularly employed corruptly sells out his client's interest to the other side, — these, and similar cases which show that there has never been a real contest in the trial or hearing of the case, are reasons for which a new suit may be sustained to set...
Side 2810 - And the said records and exemplifications, authenticated as aforesaid, shall have such faith and credit given to them in every court and office within the United States, as they have by law or usage in the courts or offices of the state from whence the same are or shall be taken.
Side 2785 - To determine any question arising in the administration of the estate or trust, including questions of construction of wills and other writings.
Side 2819 - is to be taken with the qualification that in all instances the jurisdiction of the court rendering the judgment may be inquired into, and the plea of nil debet will allow the defendant to show that the court had no jurisdiction over his person. It is only when the jurisdiction of the court in another State is not impeached, either as to the subject-matter or the person, that the record of the judgment is entitled to full faith and credit.
Side 3060 - Where a court of competent jurisdiction has adjudicated a certain sum to be due from one person to another, a legal obligation arises to pay that sum, on which an action of debt to enforce the judgment may be maintained.
Side 3159 - Upon principle it would seem that the operation of every judgment must depend on the power of the court to render that judgment, or, in other words, on its jurisdiction over the subject-matter which it has determined. In some cases that jurisdiction unquestionably depends as well on the state of the thing as on the constitution of the court. If by any means whatever a prize court should be induced to condemn as prize of war a vessel which was never captured, it...