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 22
... party had slept upon his right ; and , secondly , that , after a bar has been fixed by statute to the legal remedy , the remedy in a court of equity has , in analogous cases , been confined to the same period . He then stated it to be ...
... party had slept upon his right ; and , secondly , that , after a bar has been fixed by statute to the legal remedy , the remedy in a court of equity has , in analogous cases , been confined to the same period . He then stated it to be ...
Página 26
... party has been fraud- ulently and unjustly deprived . The case of Pulteney v . Warren , established the principle that where a party applies to a court of equity , and carries on an unfounded litigation , protracted under cir ...
... party has been fraud- ulently and unjustly deprived . The case of Pulteney v . Warren , established the principle that where a party applies to a court of equity , and carries on an unfounded litigation , protracted under cir ...
Página 33
... party seeks to enforce his private rights by a writ of mandamus in the name of the State . Moody v . Flemming , 4 Ga . 115. But if the State and a party be jointly interested in a security , the statute is no bar to either . Glover v ...
... party seeks to enforce his private rights by a writ of mandamus in the name of the State . Moody v . Flemming , 4 Ga . 115. But if the State and a party be jointly interested in a security , the statute is no bar to either . Glover v ...
Página 35
... party in all suits to which the bank is a party , the doctrine of nullum tempus occurrit regi , does not ap- ply to exempt the bank from the operation of the statute of limita- 1 United States v . Hoar , supra . [ McNamee v . The United ...
... party in all suits to which the bank is a party , the doctrine of nullum tempus occurrit regi , does not ap- ply to exempt the bank from the operation of the statute of limita- 1 United States v . Hoar , supra . [ McNamee v . The United ...
Página 37
... party has a right to apply to the proper tribunals for relief . § 43. Herein is presented a question , which , in a given case , might be of much moment , namely : Whether in the computation of time 1 Evans's Pothier , 404 . 2 2 Godb ...
... party has a right to apply to the proper tribunals for relief . § 43. Herein is presented a question , which , in a given case , might be of much moment , namely : Whether in the computation of time 1 Evans's Pothier , 404 . 2 2 Godb ...
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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).