The American Jurist, Volume 9Freeman & Bolles, 1833 - Law |
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Page 11
... judgment . As far as it operates on the past it is not a ' rule of civil conduct , ' it bears none of the characteristic features of a law , which are imperare , vetare , but is clearly trenching on the judicial department of the gov ...
... judgment . As far as it operates on the past it is not a ' rule of civil conduct , ' it bears none of the characteristic features of a law , which are imperare , vetare , but is clearly trenching on the judicial department of the gov ...
Page 19
... judgment as a perpetual bar . If , however , he pays the debt after he has ac- quired this peremptory exception , he is presumed to pay it from a consciousness that the judgment which has discharged him is unjust , and thus the natural ...
... judgment as a perpetual bar . If , however , he pays the debt after he has ac- quired this peremptory exception , he is presumed to pay it from a consciousness that the judgment which has discharged him is unjust , and thus the natural ...
Page 20
... judgment had not extinguished . This , ac- cording to Voet , is the doctrine of the civil law . Ad Pan- dectus 12. 6. 4. If paid before the debtor has knowledge of the judgment it would stand on precisely the same reasons as a payment ...
... judgment had not extinguished . This , ac- cording to Voet , is the doctrine of the civil law . Ad Pan- dectus 12. 6. 4. If paid before the debtor has knowledge of the judgment it would stand on precisely the same reasons as a payment ...
Page 43
... judgments in Ireland are , by statute , made assignable , and the assignee is authorized to sue them in his own name . And he may sustain an action on such assigned judgment , in the English courts . 3 Taunt . 82 , O'Callaghan v ...
... judgments in Ireland are , by statute , made assignable , and the assignee is authorized to sue them in his own name . And he may sustain an action on such assigned judgment , in the English courts . 3 Taunt . 82 , O'Callaghan v ...
Page 44
... judgments and principles above stated . If it be asked how , on this view of the matter , the doctrine of remedy is to ... judgment is not , as a ground of action , regarded as a record , nor entitled to the credit of a domestic record ...
... judgments and principles above stated . If it be asked how , on this view of the matter , the doctrine of remedy is to ... judgment is not , as a ground of action , regarded as a record , nor entitled to the credit of a domestic record ...
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Common terms and phrases
action administration adverse possession appear argument articles of confederation assignment assumpsit attachment attorney authority auxiliary end bill bond cause charge charter citizen claim colonies common law compact confederation congress consent constitution contempt contract conveyance court covenant creditors debt debtor declaration deed defendant doctrine entitled estoppel evidence execution executor exercise facts feme covert Greenleaf heirs held impeachment interest issue Judge Peck judgment judicial jury justice land Lawless legislation legislature liable lien marriage ment mortgage nature object offence opinion paid party payment Penn person plaintiff plea pleading possession principles proceedings promissory note proof prove punishment purchaser question recover respect rule scire facias seal sheriff statute statute of limitations suit surety tenant testator tion trial trial by jury trustee United Vermont Wend whole witness writ
Popular passages
Page 270 - ... the greatest interest of every true American, the consolidation of our Union, in which is involved our prosperity, felicity, safety, perhaps our national existence. This important consideration, seriously and deeply impressed on our minds, led each state in the Convention to be less rigid on points of inferior magnitude, than might have been otherwise expected...
Page 278 - As the ends of such a partnership cannot be obtained in many generations, it becomes a partnership not only between those who are living, but between those who are living, those who are dead, and those who are to be born.
Page 278 - It is a partnership in all science, a partnership in all art, a partnership in every virtue, and in all perfection.
Page 441 - ... to compel the discovery of any property or thing in action, belonging to the defendant, and of any property, money, or thing in action, due to him, or held in trust for him...
Page 278 - It is the first and supreme necessity only, a necessity that is not chosen but chooses, a necessity paramount to deliberation, that admits no discussion and demands no evidence, which alone can justify a resort to anarchy.
Page 274 - ... this compact was not made the exclusive or final judge of the extent of the powers delegated to itself; since that would have made its discretion, and not the constitution, the measure of its powers; but that as in all other cases of compact among parties having no common judge, each party has an equal right to judge for itself, as well of infractions as of the mode and measure of redress.
Page 251 - Britain; and that the King's Majesty, by and with the advice and consent of the Lords spiritual and temporal and Commons of Great Britain in Parliament assembled, had, hath and of right ought to have, full power and authority to make laws and statutes of sufficient force and validity to bind the colonies and people of America, subjects of the Crown of Great Britain in all cases whatsoever.
Page 340 - ... such power to punish contempts shall not be construed to extend to any cases except the misbehavior of any person in their presence, or so near thereto as to obstruct the administration of justice...
Page 274 - That to this compact each State acceded as a State, and is an integral party, its co-States forming, as to itself, the other party : That the government created by this compact was not made the exclusive or final judge of the extent of the powers delegated to itself...
Page 267 - ... be preserved entire without endangering the stability of the general confederacy ; to remind them how indispensably necessary it is to establish the Federal Union on a fixed and permanent basis, and on principles acceptable to all its respective members...