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Digest of the Decisions of the Courts of Common Law and Admiralty ..., Volum 3
Theron Metcalf,Jonathan Cogswell Perkins
Uten tilgangsbegrensning - 1863
abatement action affidavit afterwards agreed agreement alleged allowed amend amount appeal arbitrators arrest assignment assumpsit attachment attorney authority award bail Bank bill bond bound brought Browne cause charge claim common Conn consideration contract costs court creditor damages debt debtor decree deed defendant delivered demand discharge entered entitled error evidence execution fact filed give given Greenl ground Halst Hamp hands held indorsed interest issue Johns judg judgment jury justice land liable Mass matter ment motion necessary notice obtained officer original paid party payment performance person Pick plaintiff plea pleaded possession principal proceed proceedings promise prove purchase received record recover reference refused rendered rule served sheriff Smith sold statute sufficient suit taken term tion trial United unless verdict void Wend writ
Side 15 - States are plaintiffs or petitioners, or (2) an alien is a party, or (3) the suit is between a citizen of the state where the suit is brought, and a citizen of another state.
Side 312 - State court upon the petition of the sheriff to show cause why an attachment should not Issue against him for contempt of...
Side 130 - ... an act for the relief of debtors, with respect to the imprisonment of their persons.
Side 105 - Rep. 258, it was decided, that where a contract grows immediately out of, and is connected with an illegal or immoral act, a court of justice will not lend its aid to enforce it.
Side 104 - But where the parties treat upon the basis that the fact which is the subject of the agreement is doubtful, and the consequent risk each is to encounter is taken into consideration in the stipulations assented to, the contract will be valid notwithstanding any mistake of one of the parties...
Side 110 - It may be defined to be a transaction between two or more persons, in which each party comes under an obligation to the other, and each reciprocally acquires a right to whatever is promised by the other (Powell on Contr.
Side 148 - ACTION for money paid by the plaintiff to the use of the defendant, and for money had and received by the defendant to the use of the plaintiff.
Side 268 - The whole extent of the doctrine, as gathered from the books, seems to be that one whose goods have been taken from him or detained unlawfully, whereby he has a right to an action of trespass or trover, may, if the wrongdoer sell the goods and receive the money, waive the tort, affirm the sale, and have an action for money had and received for the proceeds.