Institutes of American Law, Volumen3R.E. Peterson, 1854 |
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Página 13
... held in such a manner as to amount to a conversion . Notice must be given to a sheriff not to sell the goods he has levied upon , when they belong to another than the defend- ant . ( c ) Before making an entry on the land of another to ...
... held in such a manner as to amount to a conversion . Notice must be given to a sheriff not to sell the goods he has levied upon , when they belong to another than the defend- ant . ( c ) Before making an entry on the land of another to ...
Página 15
... held to be a good tender of fifteen eagles . ( b ) 4thly . An offer of the money must be made by producing it , and counting it in the presence of the ( a ) Contrary to this general rule , it has been decided in Pennsylvania , that a ...
... held to be a good tender of fifteen eagles . ( b ) 4thly . An offer of the money must be made by producing it , and counting it in the presence of the ( a ) Contrary to this general rule , it has been decided in Pennsylvania , that a ...
Página 16
... held good when made by a check contained in a letter , requesting a receipt in return , which the plaintiff sent back , demanding a larger sum , without objecting to the nature of the tender . ( f ) 6thly . The tender should be made at ...
... held good when made by a check contained in a letter , requesting a receipt in return , which the plaintiff sent back , demanding a larger sum , without objecting to the nature of the tender . ( f ) 6thly . The tender should be made at ...
Página 26
... held that if the tenant holds over , a distress may be made while he continues in posses- sion . 2451. It is the opinion of a learned writer , ( a ) that this notion of distraining was derived from the civil law , which gave " the ...
... held that if the tenant holds over , a distress may be made while he continues in posses- sion . 2451. It is the opinion of a learned writer , ( a ) that this notion of distraining was derived from the civil law , which gave " the ...
Página 28
... held the lessor might dis- train for the rent . ( d ) But when the rent is not certain , and it cannot be reduced to a certainty , no distress can be made ; as where by the agreement the lessee was to pay no rent , and in lieu of it ...
... held the lessor might dis- train for the rent . ( d ) But when the rent is not certain , and it cannot be reduced to a certainty , no distress can be made ; as where by the agreement the lessee was to pay no rent , and in lieu of it ...
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Términos y frases comunes
abatement admitted affirmative alleged appear assigned assumpsit attorney averment award bail Book breach cause of action certiorari chap chattel Chit circuit court claim common law conclusion considered contract courts of equity covenant coverture Cowen Cranch damages debt declaration deed defendant delivered demand demurrer detinue distrain distress district court entitled equity evidence ex delicto execution executor facias fact fieri facias given Greenl husband injury issue John joined judge judgment jurisdiction jury justice land liable lien Litt matter ment nolle prosequi oath officer party person plaintiff plaintiff in error plea in bar pleaded possession presumption proceedings proof proved record recover remedy rendered rent replication rule Saund scire facias seal sheriff statute Steph sued sufficient suit supreme court tenant testimony tion traverse trespass trial trover United verdict Wend wife witness writ of error wrong
Pasajes populares
Página 90 - That a final judgment or decree in any suit, in the highest court of law or equity of a state in which a decision in the suit could be had, where is drawn in question the validity of a treaty or statute of, or an authority exercised under, the United States...
Página 91 - States, and the decision is in favor of such their validity, or where is drawn in question the construction of any clause of the Constitution, or of a treaty or statute of, or commission held under the United States, and the decision is against the title, right, privilege, or exemption specially set up or claimed by either party, under such clause of the said Constitution, treaty, statute, or commission, may be re-examined and reversed or affirmed in the Supreme Court of the United States upon a...
Página 114 - 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 costs, the sum or value of five hundred dollars, and arising under the Constitution or laws of the United States...
Página 441 - No person duly authorized to practice physic or surgery, shall be allowed to disclose any information which he may have acquired in attending any patient, in a professional character, and which information was necessary to enable him to prescribe for such patient as a physician, or to do any act for him as a surgeon (id.
Página 109 - And upon a like process, may final judgments and decrees in civil actions, and suits in equity in a circuit court, brought there by original process, or removed there from...
Página 654 - The Rule of law is laid down with perfect correctness in the case of Butterfield v. Forrester (x), that although there may have been Negligence on the part of the plaintiff, yet unless he might by the exercise of ordinary care have avoided the consequences of the defendant's Negligence, he is entitled to recover. But if by ordinary care he might have avoided them, he is the author of his own wrong.
Página 88 - 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 93 - The supreme court shall also have appellate jurisdiction from the circuit courts and courts of the several states, in the cases hereinafter specially provided for; and shall have power to issue writs of prohibition to the district courts, when proceeding as courts of admiralty and maritime jurisdiction...
Página 85 - It shall be the duty of the marshal of each district to attend the district and circuit courts when sitting therein, and to execute throughout the district all lawful precepts directed to him and issued under the authority of the United States; and he shall have power to command all necessary assistance in the execution of his duty.
Página 110 - But there shall be no reversal in either court on such writ of error for error in ruling any plea in abatement, other than a plea to the jurisdiction of the court, or such plea to a petition or bill in equity, as is in the nature of a demurrer, or for any error in fact.