The American and English Encyclopedia of Law, Band 12John Houston Merrill, Thomas Johnson Michie, Charles Frederic Williams, David Shephard Garland E. Thompson, 1890 |
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Seite 13
... filed his decree . He had heard the cause and had written and dated the decree before the expira- tion of the term , and both he and others were ignorant of the fact that his offi- cial term had expired . His term was not until ...
... filed his decree . He had heard the cause and had written and dated the decree before the expira- tion of the term , and both he and others were ignorant of the fact that his offi- cial term had expired . His term was not until ...
Seite 17
... filed by a judge whose term of office expired before the next sitting of the court , it was held that his successor might enter a formal decree in accordance with such de- cision , without a further hearing.2 IV . RIGHTS IN RELATION TO ...
... filed by a judge whose term of office expired before the next sitting of the court , it was held that his successor might enter a formal decree in accordance with such de- cision , without a further hearing.2 IV . RIGHTS IN RELATION TO ...
Seite 30
... filed as to the regular official's bias , has been declared by statute to be manda- tory . It is to be observed however , that the constitutionality of such enactments , in so far as they allow the regular official chosen by law to be ...
... filed as to the regular official's bias , has been declared by statute to be manda- tory . It is to be observed however , that the constitutionality of such enactments , in so far as they allow the regular official chosen by law to be ...
Seite 56
... filed , as counsel , a pro- test at one time in the land office to protect his client's rights in that undi- vided land . Glasscock v . Hughes , 55 Tex . 461 , 467 , 468 . • Having , as counsel , given opinion on title to the lands in ...
... filed , as counsel , a pro- test at one time in the land office to protect his client's rights in that undi- vided land . Glasscock v . Hughes , 55 Tex . 461 , 467 , 468 . • Having , as counsel , given opinion on title to the lands in ...
Seite 71
... filed . Plank Road Co. v . Thatcher , 6 How . Pr . ( N. Y. ) 226. It is not necessary , however , nor the general practice , to formally enter all judgments before the close of the term . See Osborne v . Toomer , 6 Jones L. ( N. Car ...
... filed . Plank Road Co. v . Thatcher , 6 How . Pr . ( N. Y. ) 226. It is not necessary , however , nor the general practice , to formally enter all judgments before the close of the term . See Osborne v . Toomer , 6 Jones L. ( N. Car ...
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affidavit appeal attorney authority Bank Barb Bush Ky cause of action claim Code collaterally common law Comp Compare Conn constitution court of equity court will take creditor debtor decree defendant diction docket entered equity error evidence execution fact filed fraud Freeman on Judg Gratt held Hill N. Y. impeached Iowa issue Jones judgment judgment debtor Judicial Sales jurisdic jurisdiction jurors jury Kansas land Lea Tenn lien Mass matter ment Minn Miss Murfree's Justice nunc pro tunc offence Ohio St Oreg party peremptory challenges person plaintiff plea pleaded proceedings purchaser question record rendered replevin rule scire facias service of process sheriff sheriff's sale Smith Stat statute suit summons supreme court take judicial notice term thereof Thompson tion trial United verdict void Wend writ
Beliebte Passagen
Seite 261 - It is emphatically the province and duty of the judicial department to say what the law is. Those who apply the rule to particular cases must of necessity expound and interpret that rule. If two laws conflict with each other, the courts must decide on the operation of each. So if a law be in opposition to the constitution ; if both the law and the constitution apply to a particular case, so that the court must either decide that case conformably to the law, disregarding the constitution; or conformably...
Seite 97 - And the said records and judicial proceedings, authenticated as aforesaid, 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 whence the said records are or shall be taken.
Seite 106 - The records and judicial proceedings of the courts of any state or territory, or of any such country, shall be proved or admitted in any other court within the United States, by the attestation of the clerk, and the seal of the court annexed, if there be a seal, together with a certificate of the judge, chief justice or presiding magistrate, that the said attestation is in due form.
Seite 3 - It is not by the office of the person to whom the writ is directed, but the nature of the thing to be done, that the propriety or impropriety of issuing a mandamus is to be determined.
Seite 100 - The rule that the courts of no country execute the penal laws of another applies not only to prosecutions and sentences for crimes and misdemeanors, but to all suits in favor of the State for the recovery of pecuniary penalties for any violation of statutes for the protection of its revenue, or other municipal laws, and to all judgments for such penalties.
Seite 71 - Where a court of competent jurisdiction has adjudicated a certain sum to be due from one person to another, a legal obligation arises to pay that sum, on which an action of debt to enforce the judgment may be maintained.
Seite 72 - In an action for the recovery of money only, or specific real property, the jury, in their discretion, may render a general or special verdict. In all other cases the court may direct the jury to find a special verdict in writing upon all or any of the issues, and in all cases may instruct them, if they render a general verdict, to find upon particular questions of fact, to be stated in writing, and may direct a written finding thereon.
Seite 437 - A summons against a corporation may be served upon the president, mayor, chairman of the board of directors, or trustees, or other chief officer; or, if its chief officer is not found in the county, upon its cashier, treasurer, secretary, clerk or managing agent...
Seite 253 - The province of the court is, solely, to decide on the rights of individuals, not to inquire how the executive, or executive officers, perform duties in which they have a discretion.
Seite 277 - 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, and, on the contrary, nothing shall be intended to be within the jurisdiction of an inferior court but that which is so expressly alleged;" and this rule has been so frequently repeated as to have become a maxim in the law.