A Treatise on the Law of Judgments: Including All Final Determinations of the Rights of Parties in Actions Or Proceedings at Law Or in Equity, Том 1Bancroft-Whitney Company, 1892 - 1341 стор. |
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A Treatise on the Law of Judgments: Including All Final ..., Том 1 Abraham Clark Freeman Повний перегляд - 1892 |
Загальні терміни та фрази
adjudication Adm'r affidavit amendment amount appeal appellate court application ascer attorney authority Bank bill cause of action clerk collateral common law contract courts of equity decision default defendant demurrer determined docket effect enforced enter judgment entered nunc entitled entry of judgment equity error coram nobis evidence execution fact favor filed final judgment granted ground interlocutory interlocutory decrees Iowa irregularity issue Jones judg judgment nunc judgment or decree judgment rendered judgment roll judgment was entered judicial jurisdiction jury justice lis pendens litigation matter ment Minn motion notice nunc pro tunc Ohio St Paige parties pendente lite person plaintiff pleadings proceedings pronounced prosecution record recover relief rendition rule service of process Smedes Smith statute subsequent sufficient suit sustained term thereof tion trial vacate judgments verdict void
Популярні уривки
Сторінка 454 - It is a finality as to the claim or demand in controversy, concluding parties and those in privity with them, not only as to every matter which was offered and received to sustain or defeat the claim or demand, but as to any other admissible matter which might have been offered for that purpose...
Сторінка 210 - the rule for jurisdiction is that nothing shall be intended to be out of the jurisdiction of a superior court but that which specially appears to be so...
Сторінка 49 - Judgment may be given for or against one or more of several plaintiffs, and for or against one or more of several defendants...
Сторінка 49 - In an action against several defendants, the court may, in its discretion, render judgment against one or more of them, leaving the action to proceed against the others, whenever a several judgment may be proper.
Сторінка 178 - The power to hear and determine a cause is jurisdiction. It is coram judice whenever a case is presented which brings this power into action. If the petitioner states such a case in his petition that on a demurrer the court would render judgment in his favor, it is an undoubted case of jurisdiction.
Сторінка 220 - By the law of the land, is most clearly intended, the general law; a law, which hears before it condemns; which proceeds upon inquiry, and renders judgment only after trial.
Сторінка 454 - The language, therefore, which is so often used, that a judgment estops not only as to every ground of recovery or defense actually presented in the action, but also as to every ground which might have been presented, Is strictly accurate, when applied to the demand or claim in controversy.
Сторінка 27 - The rule is well settled and of long standing, that a judgment or decree, to be final within the meaning of that term as used in the acts of Congress giving this court jurisdiction on appeals and writs of error, must terminate the litigation between the parties on the merits of the case...
Сторінка 441 - An adjudication is final and conclusive, not only as to the matter actually determined, but as to every other matter which the parties might have litigated and...
Сторінка 454 - Thus, for example, a judgment rendered upon a promissory note is conclusive as to the validity of the instrument and the amount due upon it, although it be subsequently alleged that perfect defenses actually existed, of which no proof was offered, such as forgery, want of consideration, or payment.