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,, 1869 - 691 páginas |
Dentro del libro
Resultados 1-5 de 81
Página v
... reason he has not added to the Appendix the statutes of those States upon which no adjudications have come to hand . Nevertheless , about four hundred additional cases , decided since the pub- lication of the fourth edition , have been ...
... reason he has not added to the Appendix the statutes of those States upon which no adjudications have come to hand . Nevertheless , about four hundred additional cases , decided since the pub- lication of the fourth edition , have been ...
Página 6
... reason to justify the introduction and use of prescription than that of public policy , it would be just to prevent the property of things from being constantly in a state of uncertainty . Judges of courts , both in England and in the ...
... reason to justify the introduction and use of prescription than that of public policy , it would be just to prevent the property of things from being constantly in a state of uncertainty . Judges of courts , both in England and in the ...
Página 18
... reason and spirit should never be resorted to but where the expressions are so ambiguous as to render such mode of interpretation unavoid- able . " " A statute of limitations , " says Mr. Justice Story , " in- stead of being viewed in ...
... reason and spirit should never be resorted to but where the expressions are so ambiguous as to render such mode of interpretation unavoid- able . " " A statute of limitations , " says Mr. Justice Story , " in- stead of being viewed in ...
Página 22
... reason that the party should not be allowed to evade its effect by resorting to another forum . People v . Everest , 4 Hill , ( N. Y. ) R. 71 , per Cowen , J .; [ Bruen v . Hone , 2 Barb . ( N. Y. ) S. C. 586 ; McCartee v . Camel , 1 ...
... reason that the party should not be allowed to evade its effect by resorting to another forum . People v . Everest , 4 Hill , ( N. Y. ) R. 71 , per Cowen , J .; [ Bruen v . Hone , 2 Barb . ( N. Y. ) S. C. 586 ; McCartee v . Camel , 1 ...
Página 23
... reason why the de- fendant should be obliged to make discoveries , in order to enable the plaintiff to try the experiment , how far they may enable him to defeat the plea at law.5 1 Farnam v . Brooks , 9 Pick . ( Mass . ) R. 242 ...
... reason why the de- fendant should be obliged to make discoveries , in order to enable the plaintiff to try the experiment , how far they may enable him to defeat the plea at law.5 1 Farnam v . Brooks , 9 Pick . ( Mass . ) R. 242 ...
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Términos y frases comunes
acknowledgment action accrued action of assumpsit administrator admission adverse possession apply assumpsit authority Bank barred begin to run bill brought cause of action Chief Justice cited claim commenced common law considered construction contract court of equity creditor Cush debtor decisions declaration deed defendant demand disability disseisin doctrine evidence executor feme covert fraud Greenl heir held indorsement Jackson Jones judgment jury land lapse lex loci contractus liable Lord Lord Mansfield Mass Massachusetts ment merchants mortgage opinion ouster owner paid party payment Penn person plaintiff plea plead the statute presumption principle promise to pay promissory note Rawle recover remedy right of action right of entry rule says seisin Serg Shep Smith stat statute begins statute of limitations sued sufficient suit supra Supreme Court tenant in common Tenn testator tion trust twenty Watts Wend writ of right
Pasajes populares
Página xviii - ... any mortgage, judgment, or lien, or otherwise charged upon or payable out of any land or rent, at law or in equity, or any legacy, but within twenty years next after a present right to receive the same shall have accrued to some person capable of giving a discharge for or release of the same...
Página clxxiv - ... die before the expiration of the time limited for the commencement thereof, and the cause of action survive, an action may be commenced by his representatives, after the expiration of that time and within one year from his death.
Página clxix - ... tenancy, or, where there has been no written lease, until the expiration of five years from the time of the last payment of rent, notwithstanding that such tenant may have acquired another title, or may have claimed to hold adversely to his landlord. But such presumptions cannot be made after the periods herein limited.
Página lxiii - ... years before the commencement of the act in respect to which such action is prosecuted or defense made.
Página ix - ... such possession or receipt then such right shall be deemed to have first accrued at the time at which the person claiming as aforesaid or the person through whom he claims became entitled to such possession or receipt by virtue of such instrument.
Página clxxx - If any action be commenced within duo time, and a judgment thereon for the plaintiff be reversed, or if the plaintiff fail in such action or upon a canse of action otherwise than upon the merits, and the time limited for the same shall have expired, the plaintiff, or, if he die, and the cause of action survive, his representatives, may commence a new action within one year after the reversal or failure.
Página cxxiv - First, it was among other things enacted that all actions of account and upon the case, other than such accounts as concern the trade of merchandise between merchant and merchant, their factors or servants, all actions of debt grounded upon any lending or contract without specialty...
Página 296 - 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...