The American and English Encyclopedia of Law, Volume 28John Houston Merrill, Charles Frederic Williams, Thomas Johnson Michie, David Shephard Garland E. Thompson, 1895 |
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action affidavit agreed agreement alleged amount assumpsit Bank Barb cause of action claim clause Code common law Conn contract convey conveyance court court of equity criminal damages debt declared deed defective defendant dict enforce entitled equity evidence fact fendant fraud Gratt guilty held indictment injury insured intention interest Iowa issue judge judgment jurisdiction jurors jury land lien Mass ment Minn Miss mortgage N. Y. Supp objection offense Ohio St paid party payment person plaintiff pleadings possession promissory note purchase-money purchaser question recover remittitur rendered replevin rule S. W. Rep sealed verdict Smith special verdict Stat statute subrogation sufficient suit Supreme Ct tenant Tenn tion tract trial vacant vendee vendor venue void voidable waived waiver Wend words
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Página 218 - If the county in which the action is commenced is not the proper county for the trial thereof, the action may, notwithstanding, be tried therein, unless the defendant, at the time he appears and answers or demurs, files an affidavit of merits, and demands, in writing, that the trial be had in the proper county.
Página 440 - Future estates are either vested or contingent. They are vested when there is a person in being who would have an immediate right to the possession of the lands upon the ceasing of the intermediate or precedent estate. They are contingent while the person to whom, or the event upon which, they are limited to take effect, remains uncertain.
Página 94 - ... giving and granting unto my said attorney full power and authority to do and perform all and every act and thing whatsoever requisite and necessary to be done in and about the premises, as fully, to all intents and purposes, as I might or could do if personally present...
Página 597 - A civil war is never solemnly declared ; it becomes such by its accidents — the number, power, and organization of the persons who originate and carry it on. When the party in rebellion occupy and hold in a hostile manner a certain portion of territory; have declared their independence; have cast off their allegiance...
Página 242 - ... no civil suit shall be brought before either of said courts against any person by any original process or proceeding in any other district than that whereof he is an inhabitant, but where the jurisdiction is founded only on the fact that the action is between citizens of different States, suit shall be brought only in the district of the residence of either the plaintiff or the defendant...
Página 99 - ... any interest in or concerning them, or upon any agreement that is not to be performed within the space of one year from the making thereof, unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing...
Página 532 - Whenever the illegality appears, whether the evidence comes from one side or the other, the disclosure is fatal to the case. No consent of the defendant can neutralize its effect. A stipulation in the most solemn form to waive the objection, would be tainted with the vice of the original contract, and void for *the [*559
Página 65 - ... counterfeit, imitate, or resemble the same, nor shall make or cause to be made any addition thereunto or subtraction from the same, whereby to pretend himself or themselves the inventor or inventors...
Página 535 - ... after the agreement has been reduced into writing, it is competent to the parties, at any time before breach of it, by a new contract not in writing, either altogether to waive, dissolve, or annul the former agreement, or in any manner to add to, or subtract from, or vary, or qualify the terms of it, and thus to make a new contract, which is to be proved partly by the written agreement, and partly by the subsequent verbal terms engrafted upon what will be thus left of the written agreement.
Página 47 - The word VALUE, it is to be observed, has two different meanings, and sometimes expresses the utility of some particular object, and sometimes the power of purchasing other goods which the possession of that object conveys.