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Reports of Cases at Law, Argued and Determined in the Court of ..., Volum 3
William Randolph Hill
Uten tilgangsbegrensning - 1841
action administrator Anderson appear arrest assignment assumpsit authority bail bail bond bill of sale bond bound brother Johnson charge Charleston claim Columbia common law concurred consideration contract conveyance Court Court of Equity creditors debt debtor declaration deed defendant defendant’s delivered the opinion demand discharge entitled Equity evidence execution executor fact felony fendant filed fraud fraudulent garnishee Georgia ground guaranty HARPER held husband indorsement insolvent intended intestate issue January John Johnson Joshua Johnson judgment jury found Justice GANTT land levy liable lien ment motion negro nonsuit O'NEALL O’NEALL paid party payment person plaintiff plea plead possession presiding Judge Prison Bounds prisoner proof purchase question recover replevin rule schedule sheriff shew slave ſº sold statute statute of limitations suit Term testator tiff tion tract trespass trial Tried verdict void witness writ
Side 103 - There was a law, that those who in a storm forsook the ship should forfeit all property therein; and that the ship and lading should belong entirely to those who stayed in it. In a dangerous tempest all the mariners forsook the ship, except only one sick passenger, who, by reason of his disease, was unable to get out and escape. By chance the ship came safe to port. The sick man kept possession, and claimed the benefit of the law.
Side 137 - Secondly, That he shall, at the time of his application to be admitted, declare, on oath or affirmation, before some one of the courts aforesaid, that he will support the constitution of the United States, and that he doth absolutely and entirely renounce and abjure all allegiance and fidelity to every foreign prince, potentate, state, or sovereignty, whatever, and particularly, by name, the prince, potentate, state, or sovereignty, whereof he was before a citizen or subject ; which proceedings shall...
Side 432 - 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 195 - ... warrant him, still the master would be liable on the warranty, because the servant was acting within the general scope of his authority, and the public cannot be supposed to be cognizant of any private conversation between the master and...
Side 348 - A riot is a tumultuous disturbance of the peace, by three persons or more assembling together of their own authority, with an intent mutually to assist one another against any who shall oppose them in the execution of some enterprise of a private nature, and afterwards actually executing the same in a violent and turbulent manner, to the terror of the people, whether the act intended were of itself lawful or unlawful.
Side 433 - If it be a record, conclusive between the parties, it cannot be denied but by the plea of nul tiel record; and when congress gave the effect of a record to the judgment it gave all the collateral consequences. There is no difficulty in the proof. It may be proved in the manner prescribed by the act, and such proof is of as high a nature as an inspection by the court of its own record, or as an exemplification would be in any other court of the same state.
Side 354 - ... special damage for which an action on the case will lie; but a particular damage, to maintain this action, ought to be direct, and not consequential; as, for instance, the loss of his horse or some corporal hurt in falling into a trench on the highway,
Side 195 - ... if a person keeping livery stables, and having a horse to sell, directed his servant not to warrant him, and the servant did nevertheless warrant him, still the master would be liable on the warranty, because the servant was acting within the general scope of his authority...
Side 19 - ... with him in regard of his poor estate, either to permit the donor, or some other for him, or for his benefit, to use or have possession of them, and is contented that he shall pay him his debt when he is able; this shall not be called bona fide...
Side 282 - ... the distinction is, that where there have been mutual, current, and unsettled dealings and accounts between the parties, and any of the items are within six years, the plaintiff, to a plea of the statute, that the defendant did not promise within six years, may reply generally, that the defendant did so promise; and the reason seems to be, because the mutual accounts between the parties, for any item of which credit has been given within six years, are of themselves evidence of there being such...