A General Abridgment and Digest of American Law: With Occasional Notes and Comments, Volumen6Cummings, Hilliard & Company, 1824 |
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Página 24
... judges to decide on his title . It is a settled rule , that no man can plead specially , what amounts to the general issue , or total denial of the charge . But deft . may in trespass , and some other actions , avoid this rule in ...
... judges to decide on his title . It is a settled rule , that no man can plead specially , what amounts to the general issue , or total denial of the charge . But deft . may in trespass , and some other actions , avoid this rule in ...
Página 39
... judge if he had СH . 178 . good authority to demise . Held , the deft . might well have demurred for the badness of the replication ; but as he did not , the verdict has made it good ; for the court now sees the plt . had power to make ...
... judge if he had СH . 178 . good authority to demise . Held , the deft . might well have demurred for the badness of the replication ; but as he did not , the verdict has made it good ; for the court now sees the plt . had power to make ...
Página 42
... judges only to decide , and not for the jury . In this kind of pleading , stated in this article , often the deft . has the benefit of Holt's rule ; that is , the deft . may either plead the general issue , or specially , according to ...
... judges only to decide , and not for the jury . In this kind of pleading , stated in this article , often the deft . has the benefit of Holt's rule ; that is , the deft . may either plead the general issue , or specially , according to ...
Página 64
... judge Tucker relied much on the case in 2 Stra . 1056 ; in which 204 , 214 , and the lessor of the plt . died after verdict in ejectment ; the Washington lessor was tenant for life ; held , though " the possession cannot be obtained ...
... judge Tucker relied much on the case in 2 Stra . 1056 ; in which 204 , 214 , and the lessor of the plt . died after verdict in ejectment ; the Washington lessor was tenant for life ; held , though " the possession cannot be obtained ...
Página 66
... Judge Roane , and in a former trial , he and Judge Lyons held this transaction not usurious ; so the court held it in a second trial . And is not this the better opinion ? But few authorities were cited there . See Ch . 153 . The first ...
... Judge Roane , and in a former trial , he and Judge Lyons held this transaction not usurious ; so the court held it in a second trial . And is not this the better opinion ? But few authorities were cited there . See Ch . 153 . The first ...
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Términos y frases comunes
abatement accessary action adjudged admiralty aforesaid alleged allowed amended appear assumpsit attorney audita querela averment award bail bill bond brought Burr Caines cause committed common law Common Pleas costs covenant Cranch crimes damages debt declaration deed deft deft's demand demurrer disseizin dower ejectment evidence execution executor fact felony feoffment granted guilty heir held hoc paratus indictment Inst issue Johns joinder judge jurisdiction jurors jury justice land lease mandamus Mass Massachusetts matter ment non est factum notice offence party payment person plea in bar pleaded plt's possession principles proceedings punishment quo warranto Raym reason record recover replevin replication rule Salk Saund scire facias seized seizin shew statute Stra sued suit tenant thereof tiel tion traverse treason trespass trial trustee United usury verdict Wils writ of error writ of right
Pasajes populares
Página 226 - And no subject shall be arrested, imprisoned, despoiled, or deprived of his property immunities, or privileges, put out of the protection of the law, exiled, or deprived of his life, liberty, or estate, but by the judgment of his peers, or the law of the land.
Página 385 - The Governor and Judges, or a majority of them, shall adopt and publish in the District, such laws of the original States, criminal and civil, as may be necessary, and best suited to the circumstances of the District...
Página 380 - That the Circuit Courts of the United States shall have original cognizance, concurrent with the courts of the several States, of all suits of a civil nature, at common law or in equity, where the matter in dispute exceeds, exclusive of interest and costs, the sum or value of two thousand dollars, and arising under the Constitution or laws of the United States...
Página 380 - States are plaintiffs, or petitioners; or an alien is a party, or the suit is between a citizen of the State where the suit is brought, and a citizen of another State.
Página 352 - ... saving to suitors, in all cases, the right of a common law remedy, where the common law is competent to give it...
Página 724 - States as before defined, and in every case in which any process issuing out of any Court of The United States shall be disobeyed or resisted by any Person or Persons having the custody of any Vessel of War, Cruiser, or other armed Vessel, of any Foreign Prince...
Página 379 - That the Supreme Court shall have exclusive jurisdiction of all controversies of a civil nature, where a State is a party, except between a State and its citizens ; and except, also, between a State and citizens of other States, or aliens, in which latter case it shall have original, but not exclusive jurisdiction.
Página 724 - ... for the purpose of preventing the carrying on of any such expedition or enterprise from the territories or jurisdiction of the United States against the territories or dominions of any f'oreign prince or state, or of any colony, district, or people with whom the United States are at peace.
Página 391 - ... where is drawn in question the validity of a treaty or statute of, or an authority exercised under the United States, and the decision is against their validity ; or where is drawn in question the validity of a statute of, or an authority exercised under any state, on the ground of their being repugnant to the constitution, treaties, or laws of the United States, and the decision is in favor of their validity...
Página 623 - THE third absolute right, inherent in every Englishman, is that of property : which consists in the free use, enjoyment, and disposal of all his acquisitions, without any control or diminution, save only by the laws of the land.