Ruling Case Law: As Developed and Established by the Decisions and Annotations Contained in Lawyers Reports Annotated, American Decisions, American Reports, American State Reports, American and English Annotated Cases, American Annotated Cases, English Ruling Cases, British Ruling Cases, United States Supreme Court Reports, and Other Series of Selected Cases, Volume 15William Mark McKinney Edward Thompson Company, 1917 - Law |
From inside the book
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Page 13
... suit is not precluded by such advance payment ; but where suit is not precluded , it has been held that the amount of the unearned interest represented by the advance payments must be deducted from the amount of recovery . Where ...
... suit is not precluded by such advance payment ; but where suit is not precluded , it has been held that the amount of the unearned interest represented by the advance payments must be deducted from the amount of recovery . Where ...
Page 26
... suit the note does not mature until the expiration of the days of grace . A stipulation in a promis- sory note to pay interest from a certain date has been construed as an undertaking to pay interest from the first day of that year ...
... suit the note does not mature until the expiration of the days of grace . A stipulation in a promis- sory note to pay interest from a certain date has been construed as an undertaking to pay interest from the first day of that year ...
Page 104
... suits of foreign sovereigns have been sustained , though it is held that a sovereign . cannot be forced into court by suit . Nor is such an action abated by a change of sovereign , whether by death , termination of office or otherwise ...
... suits of foreign sovereigns have been sustained , though it is held that a sovereign . cannot be forced into court by suit . Nor is such an action abated by a change of sovereign , whether by death , termination of office or otherwise ...
Page 121
... suit upon the judgment , or otherwise , the tribunal in which the suit is brought , or from which execution is sought , is , on principle , at liberty to examine into the merits of such judgment , and to give effect to it or not , as ...
... suit upon the judgment , or otherwise , the tribunal in which the suit is brought , or from which execution is sought , is , on principle , at liberty to examine into the merits of such judgment , and to give effect to it or not , as ...
Page 221
... suit , the bailee might attain the same end by bringing in the other claimant as defendant by process of garnishment . So where the finder of property was sued by two claim- ants , or by one only , the other threatening suit , the ...
... suit , the bailee might attain the same end by bringing in the other claimant as defendant by process of garnishment . So where the finder of property was sued by two claim- ants , or by one only , the other threatening suit , the ...
Common terms and phrases
appear apply attorney authority Bank cause of action collateral attack Colo common law confession Conn constitutional contract court of equity Cranch creditor Crim damages debtor decree default defendant ditch doctrine effect enforce entitled entry execution exercise fact fraud granted ground held infra injury interest interpleader intoxicating liquors irrigation judge judgment debtor judgment entered judicial jurisdiction jury land legislation liable license lien liquor ment Minn municipal nations Note nunc pro tunc offense Ohio St option law owner party payment person plaintiff proceedings prohibition provision purchaser purpose question reason record relief rendered res judicata rule selling service of process statute statutory suit supra term territory tion treaty trial U. S. L United unlawful vacate valid violation void
Popular passages
Page 205 - The neutral flag covers enemy's goods, with the exception of contraband of war; 3. Neutral goods, with the exception of contraband of war, are not liable to capture under enemy's flag; 4. Blockades, in order to be binding, must be effective — that is to say, maintained by a force sufficient really to prevent access to the coast of the enemy.
Page 108 - The usage of the world is, if a nation be not entirely subdued, to consider the holding of conquered territory as a mere military occupation, until its fate shall be determined at the treaty of peace. If it be ceded by the treaty, the acquisition is confirmed, and the ceded territory becomes a part of the nation to which it is annexed, either on the terms stipulated in the treaty of cession, or on such as its new master shall impose.
Page 150 - Our constitution declares a treaty to be the law of the land. It is, consequently, to be regarded in courts of justice as equivalent to an act of the legislature, whenever it operates of itself without the aid of any legislative provision. But when the terms of the stipulation import a contract, when either of the parties engages to perform a particular act, the treaty addresses itself to the political, not the judicial department; and the legislature must execute the contract before it can become...
Page 148 - The treaty power, as expressed in the Constitution, is in terms unlimited except by those restraints which are found in that instrument against the action of the government or of its departments, and those arising from the nature of the government itself and of that of the States. It would not be contended that it extends so far as to authorize what the Constitution forbids, or a change in the character of the government or in that of one of the States, or a cession of any portion of the territory...
Page 144 - The Mexicans who, in the territories aforesaid, shall not preserve the character of citizens of the Mexican Republic, conformably with what is stipulated in the preceding article, shall be incorporated into the Union of the United States, and be admitted at the proper time (to be judged of by the Congress of the United States...
Page 110 - The United States, it is true, may extend its boundaries by conquest or treaty, and may demand the cession of territory as the condition of peace, in order to indemnify its citizens for the injuries they have suffered, or to reimburse the government for the expenses of the war.
Page 218 - President shall prescribe any arms or munitions of war from any place in the United States to such country until otherwise ordered by the President or by Congress.
Page 111 - ... consequent war with each other, to establish a principle which all should acknowledge as the law, by which the right of acquisition, which they all asserted, should be regulated as between themselves. This principle was, that discovery gave title to the government by whose subjects or by whose authority it was made, against all other European governments, which title might be consummated by possession.
Page 145 - In the United States this power is vested in the national government, to which the Constitution has committed the entire control of international relations, in peace as well as in war. It belongs to the political department of the government, and may be exercised either through treaties made by the President and Senate, or through statutes enacted by Congress...
Page 137 - This perfect equality and absolute independence of sovereigns, and this common interest impelling them to mutual intercourse, and an interchange of good offices with each other, have given rise to a class of cases in which every sovereign is understood to waive the exercise of a part of that complete exclusive territorial jurisdiction, which has been stated to be the attribute of every nation.