The American Decisions: Containing All the Cases of General Value and Authority Decided in the Courts of the Several States, from the Earliest Issue of the State Reports to the Year 1869, Том 25Bancroft-Whitney, 1886 |
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action admissible admitted agent alleged Allin appear appellees applied assignment assumpsit attachment authority Bank bona fide purchaser bond bound cause chancery charge circuit court cited claim common law complainant consideration constitution contended contract conveyance conveyed court of chancery court of equity covenant covin creditors damages debt debtor decision declaration decree deed defendant demand dollars entitled equity evidence execution executor facts fraud fraudulent grant grantor heirs held intention Johns judge judgment jury land liable lien ment mill mortgage necessary non est factum notice objection obligation obligor officer opinion owner paid parol parties payment person plaintiff plaintiff in error plea pleaded possession principle promise proof proved question recover rule scire facias Shadburne sheriff Smith sold statute statute of frauds statute of limitations sufficient suit sustained testator tion tract trespass trial vendee vendor verdict void warranty William Vance writ
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Сторінка 450 - That no action shall be brought whereby to charge any person upon or by reason of any representation or assurance made or given concerning or relating to the character, conduct, credit, ability, trade, or dealings of any other person, to the intent or purpose that such other person may obtain credit, money, or goods upon, unless such representation or assurance be made in writing, signed by the party to be charged therewith.
Сторінка 319 - And the said records and judicial proceedings, so authenticated, shall have such faith and credit given to them in every court within the United States as they have by law or usage in the courts of the state from which they are taken.
Сторінка 686 - That no freeman ought to be taken, imprisoned, or disseized of his freehold, liberties, or privileges, or outlawed, or exiled, or in any manner destroyed or deprived of his life, liberty, or property, but by the law of the land.
Сторінка 73 - In its enlarged, and perhaps its literal sense, the term ' bill of credit ' may comprehend any instrument by which a State engages to pay money at a future day ; thus including a certificate given for money borrowed. But the language of the Constitution itself, and the mischief to be prevented, which we know from the history of our country, equally limit the interpretation of the terms. The word
Сторінка 541 - From the variety of cases relative to judgments being given in evidence in civil suits, these two deductions seem to follow as generally true: first, that the judgment of a Court of concurrent jurisdiction, directly upon the point, is as a plea, a bar, or as evidence, conclusive, between the same parties, upon the same matter, directly in question in another Court...
Сторінка 690 - Offices, which are a right to exercise a public or private employment, and to take the fees and emoluments thereunto belonging, are also incorporeal hereditaments, whether public, as those of magistrates, or private, as of bailiffs, receivers, and the like.
Сторінка 73 - emit bills of credit,' conveys to the mind the idea of issuing paper intended to circulate through the community for its ordinary purposes, as money, which paper is redeemable at a future day. This is the sense in which the terms have been always understood.
Сторінка 704 - A government office is different from a government contract. The latter, from its nature, is necessarily -limited in its duration and specific in its objects. The terms agreed upon define the rights and obligations of both parties, and neither may depart from them without the assent of the other.
Сторінка 41 - If this action could be maintained, every turnpike act, paving act, and navigation act, would give rise to an infinity of actions. If the legislature think it necessary, as they do in many cases, they enable the commissioners to award satisfaction to the individuals who happen to suffer. But if there be no such power the parties are without remedy, provided the commissioners do not exceed their jurisdiction.
Сторінка 365 - ... or any part thereof, to which insurers are liable by the rules and customs of insurance...