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A treatise on the civil jurisdiction of justices of the peace in ..., Volum 1
Uten tilgangsbegrensning - 1841
A Treatise on the Civil Jurisdiction of Justices of the Peace in the ..., Del 2
Uten tilgangsbegrensning - 1841
12 John adjournment affidavit aforesaid alleged amended amount appear apply arbitrators assumpsit attorney aver award bill bond cause of action certiorari chattels Chit cited claim commenced common pleas constable contract costs county of Saratoga Cowen & Hill's creditor damages debt debtor declaration defendant defendant's delivered demand demurrer discharged endorsed evidence execution fact favor fraud given held Hill's Notes horse interest issue James Jackson John Doe John Smith judgment juror jury justice justice's court levy liable matter ment Notes to Phil notice oath officer paid party payment person plaintiff plea in abatement plead proceedings promise promissory note proof proper prove question recover refused request Richard Roe rule Saratoga County Saratoga Springs set-off statute sued sufficient suit summons sworn tender thereof tion town of Saratoga trespass trial trover unless verdict voire dire warrant witness
Side 1056 - Every sale made by a vendor, of goods and chattels in his possession or under his control, and every assignment of goods and chattels, unless the same be accompanied by an immediate delivery and be followed by an actual and continued change of possession of the things...
Side 1004 - If the payment be less than the interest, the surplus of interest must not be taken to augment the principal; but interest continues on the former principal until the period when the payments, taken together, exceed the interest due, and then the surplus is to be applied towards discharging the principal; and interest is to be Computed on the balance, as aforesaid.
Side 1005 - Compute the interest on the principal sum, from the time when the interest commenced to the first time when a payment was made, which exceeds either alone or in conjunction with the preceding payment...
Side 762 - ... the time of his absence shall not be deemed or taken as any part of the time limited for the commencement of such action.
Side 631 - America, to be paid to the said , his certain attorney, executors, administrators or assigns, to which payment well and truly to be made, I do bind myself, my heirs, executors and administrators, jointly and severally, for and in the whole, firmly by these presents.
Side 732 - Such judgment or adjudication is final and conclusive, not only as to the matter actually determined, but as to every other matter which the parties might have litigated and have had decided, as incident to or essentially connected with the subject-matter of the litigation, and every matter coming within the legitimate purview of the original action, both in respect to matters of claim and of defence
Side 725 - 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 1014 - Judgments are the sentence of the law, pronounced by the court upon the matter contained in the record; and are of four sorts.
Side 782 - Sheriff', or his certain attorney, executors, administrators or assigns, for which payment to be well and truly made we bind ourselves, and each and every of us in the whole, our and each and every of our heirs, executors and administrators, firmly by these presents, sealed with our seals.