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 97
Página 28
... grounds thought himself authorized to adjudge , that the statute of Anne , limiting suits in admiralty , is not a bar to such suits in the courts of the United States.1 It appears singular that the congress of the United States , in ...
... grounds thought himself authorized to adjudge , that the statute of Anne , limiting suits in admiralty , is not a bar to such suits in the courts of the United States.1 It appears singular that the congress of the United States , in ...
Página 31
... ground it was held by Mr. Justice Story , that the general words of a statute ought not to include the government , or affect its rights , unless that construction be clear and indisputable upon the text of the act.5 1 Goodtitle v ...
... ground it was held by Mr. Justice Story , that the general words of a statute ought not to include the government , or affect its rights , unless that construction be clear and indisputable upon the text of the act.5 1 Goodtitle v ...
Página 32
... ground of expediency and public convenience , it was a necessary principle ; and that it was important to preserve it as an attribute of sovereignty ; and that it was evident that the legislature acted under the conviction that the ...
... ground of expediency and public convenience , it was a necessary principle ; and that it was important to preserve it as an attribute of sovereignty ; and that it was evident that the legislature acted under the conviction that the ...
Página 40
... ground that the act ( Stat . 20 Geo . II . c . 37 ) was made for the ease of sheriffs , and ought to be construed favorably for them , afterwards determined , that it was to be included . The case of Castle v . Burditt , where the day ...
... ground that the act ( Stat . 20 Geo . II . c . 37 ) was made for the ease of sheriffs , and ought to be construed favorably for them , afterwards determined , that it was to be included . The case of Castle v . Burditt , where the day ...
Página 53
... ground that the auditors of 1831 had no authority to examine or allow the ac- counts for the years 1819 and 1821 , and the court below rejected the offer , and instructed the jury that the statute of limitations was a bar to the ...
... ground that the auditors of 1831 had no authority to examine or allow the ac- counts for the years 1819 and 1821 , and the court below rejected the offer , and instructed the jury that the statute of limitations was a bar to the ...
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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).