The New-York Legal Observer, Том 8Samuel Owen Samuel Owen, 1850 |
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Стр. 8
... claiming under an adverse title . If is only after eviction , where the premises have been conveyed with warranty , that the court will interfere , and that , in order to prevent circuity of action . THE facts of the case sufficiently ...
... claiming under an adverse title . If is only after eviction , where the premises have been conveyed with warranty , that the court will interfere , and that , in order to prevent circuity of action . THE facts of the case sufficiently ...
Стр. 9
... claim , can be permitted , on a suggestion of a defect or failure of title , and on the principle of qui a timet , to stop the payment of the purchase money and all proceedings to recover it . " This language certainly favors the idea ...
... claim , can be permitted , on a suggestion of a defect or failure of title , and on the principle of qui a timet , to stop the payment of the purchase money and all proceedings to recover it . " This language certainly favors the idea ...
Стр. 10
... claiming by a title paramount to that under which the defendant held , and that the suits were at issue and pending when the bill was filed . The only difference between that case and the present is , that the purchaser in that case had ...
... claiming by a title paramount to that under which the defendant held , and that the suits were at issue and pending when the bill was filed . The only difference between that case and the present is , that the purchaser in that case had ...
Стр. 12
... claim having been made by suit , without reference at all to the character of the claim . This court cannot try the title . Nor can it speculate upon the pro- babilities of the result of a suit , and grant or refuse relief according to ...
... claim having been made by suit , without reference at all to the character of the claim . This court cannot try the title . Nor can it speculate upon the pro- babilities of the result of a suit , and grant or refuse relief according to ...
Стр. 13
... claim shall turn out to be well founded ; but a contrary decision would operate with severity on the plaintiff , if the title shall prove good . He is , moreover , only pursuing his legal remedy for a debt admitted to be due , while the ...
... claim shall turn out to be well founded ; but a contrary decision would operate with severity on the plaintiff , if the title shall prove good . He is , moreover , only pursuing his legal remedy for a debt admitted to be due , while the ...
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action admitted agreement alleged allowed amount answer appear applied assignment authority Bank bill bond bound brought cause charge claim common complainant condition consideration considered contract corporation costs court creditors damages death debt decision decree deed defendant demand devise directed effect entered entitled equity error evidence execution existence express facts give given granted ground held hold intention interest issue judge judgment jurisdiction Justice liability libel limited Lord matter ment motion N. Y. Superior necessary New-York notice objection opinion paid parties passed payment person plaintiff plea pleaded practice present principle proceedings provisions purchase question reason received record recover referred relation rendered respect rule sell Society statute suit Supreme Court taken tion trial trust void whole witness writ
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Стр. 3 - Remember the Sabbath day, to keep it holy. Six days shalt thou labor, and do all thy work: but the seventh day is the Sabbath of the Lord thy God...
Стр. 4 - Thou shalt not covet thy neighbor's house, thou shalt not covet thy neighbor's wife, nor his manservant, nor his maidservant, nor his ox, nor his ass, nor any thing that is thy neighbor's.
Стр. 153 - Be it therefore enacted, that whensoever the death of a person shall be caused by wrongful act, neglect or default, and the act, neglect or default is such as would (if death had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof...
Стр. 154 - ... death had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof, then, and in every such case, the person who would have been liable if death had not ensued, shall be liable to an action for damages, notwithstanding the death of the person injured, and although the death shall have been caused under such circumstances as amount in law to felony.
Стр. 3 - Thou shalt not bow down thyself to them, nor serve them, for I the Lord thy God am a jealous God, visiting the iniquity of the fathers upon the children unto the third and fourth generation of them that hate me, and showing mercy unto thousands of them that love me and keep my commandments. "Thou shalt not take the name of the Lord thy God in vain, for the Lord will not hold him guiltless that taketh his name in vain.
Стр. 199 - Every action must be prosecuted in the name of the real party in interest, except that an executor or administrator, a trustee of an express trust, or a person expressly authorized by statute, may sue, without joining with him the person for whose benefit the action is prosecuted. A person, with whom or in whose name, a contract is made for the benefit of another, is a trustee of an express trust, within the meaning of this section.
Стр. 49 - That the forms of writs, executions and other process, except their style, and the forms and modes of proceeding in suits, in those of common law shall be the same as are now used in the said Courts respectively in pursuance of the Act entitled: "An Act to regulate processes in the Courts of the United States...
Стр. 107 - 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.
Стр. 107 - L. 78) declares, 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...
Стр. 260 - The absolute power of alienation shall not be suspended by any limitation or condition whatever, for a longer period than during the continuance of not more than two lives in being at the creation of the estate, except in the single case mentioned in the next section.