A Treatise on the Limitations of Actions at Law and Suits in Equity and Admiralty: With an Appendix Containing the American and English Statutes of LimitationsLittle, Brown, and Company, 1861 - 494 páginas |
Dentro del libro
Resultados 1-5 de 100
Página 10
... demands arising ex contractu , it would obvi- ously be the greatest injustice , to subject persons against whom a demand of this nature is made of long standing , to discharge it , whether it be well , or whether it be ill founded ...
... demands arising ex contractu , it would obvi- ously be the greatest injustice , to subject persons against whom a demand of this nature is made of long standing , to discharge it , whether it be well , or whether it be ill founded ...
Página 18
... demand , the defendant relied on the statute which was pleaded before the Revised Statutes of that State went into operation . The plaintiff sought to avoid the plea by bringing the case within those statutes , c . 20 , § 9 , which pro ...
... demand , the defendant relied on the statute which was pleaded before the Revised Statutes of that State went into operation . The plaintiff sought to avoid the plea by bringing the case within those statutes , c . 20 , § 9 , which pro ...
Página 35
... demand in question was a promissory note , of which the government of the United States became owner and holder before it became due ; and the statute , therefore , was no defence to the action . But where before the trans- fer to the ...
... demand in question was a promissory note , of which the government of the United States became owner and holder before it became due ; and the statute , therefore , was no defence to the action . But where before the trans- fer to the ...
Página 37
... demand . The same rule holds , of course , in respect to the legislative acts of limitation of Great Britain and of those of the United States . The time limited , in other words , is to be com- puted from the time at which a right of ...
... demand . The same rule holds , of course , in respect to the legislative acts of limitation of Great Britain and of those of the United States . The time limited , in other words , is to be com- puted from the time at which a right of ...
Página 39
... demand , and the action was commenced on the 1st of November , 1817. A payment was made and indorsed on the note , on the 1st of November , 1811 , so that the time of limitation would begin to run from that time . The question ...
... demand , and the action was commenced on the 1st of November , 1817. A payment was made and indorsed on the note , on the 1st of November , 1811 , so that the time of limitation would begin to run from that time . The question ...
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Términos y frases comunes
acknowledgment action accrued administrator adverse possession assumpsit authority Bank Barr Penn barred begin to run bill brought cause of action cestui que trust Chief Justice cited claim commenced considered construction contract court of equity creditor Cush death debtor declaration deed defendant demand disability disseisin doctrine entitled evidence executor expiration feme covert formedon fraud Greenl heir held indorsed Jackson Johns judgment jury lapse lex loci contractus liable Lord Lord Mansfield Mass ment merchants mortgagee mortgagor opinion ouster owner paid party payment person Peters U. S. plaintiff plea plead the statute presumption principle promise to pay promissory note Rawle Penn recover remedy right of action right of entry rule says seisin Serg Shep Smith stat statute of limitations sued sufficient suit supra Supreme Court tenant in common testator tion twenty Watts Penn Wend writ of right
Pasajes populares
Página 298 - Provided always, that nothing herein contained shall alter or take away or lessen the Effect of any Payment of any Principal or Interest made by any Person whatsoever...
Página cxlix - That in actions of debt, or upon the case, grounded upon any simple contract, no acknowledgment or promise by words only shall be deemed sufficient evidence of a new or continuing contract...
Página xci - ... within the age of twenty-one years, feme covert, non compos mentis, imprisoned, or beyond the seas, that then such person or persons shall be at liberty to bring the same actions, so as they take the same within such times as are before limited, after their coming to or being of full age, discovert, of sane memory, at large, and returned from beyond the seas, as other persons, having no such impediment, should have done.
Página 88 - Servants, all Actions of Debt grounded upon any Lending or Contract without Specialty...
Página ciii - Action given or accrued, fallen, or come within the Age of twenty-one Years, Feme Covert, Non compos mentis, imprisoned, or beyond the Seas...
Página vi - ... within twenty years next after the time at which the right to make such entry or distress or to bring such action shall have first accrued to some person through whom he claims...
Página xxxix - Enactments or either of them, or to deprive any Party of the Benefit thereof, unless such Acknowledgment or Promise shall be made or contained by or in some Writing to be signed by the Party chargeable thereby...
Página xvi - ... or some person through whom he claims, shall, at any time previously to the creation of the estate or estates which shall have determined, have been in possession or receipt of the profits of such land, or in receipt of such rent.
Página cl - Acts or this Act, as to One or more of such Joint Contractors, or Executors or Administrators, shall nevertheless be entitled to recover against any other or others of the Defendants, by virtue of a new Acknowledgment or Promise, or otherwise, Judgment may be given and Costs allowed for the Plaintiff as to such Defendant or Defendants against whom he shall recover, and for the other Defendant or Defendants against the Plaintiff.
Página cvii - ... beyond the seas, that then such person or persons shall be at liberty to bring the same actions, so as they take the same •within such times as are before limited, after their coming to or being of full age, discovert, of sane memory, at large, and returned from beyond the seas, as other persons having no such impediment should have done (6).