The American Jurist, Volume 9Freeman & Bolles, 1833 - Law |
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Page 19
... paid ; it is the natural obligation which the judgment leaves subsisting , and which is in force whether he knows of the judgment or not . Traité Condictio Indebiti , No. 145. The reasoning of Pothier has not in this case his customary ...
... paid ; it is the natural obligation which the judgment leaves subsisting , and which is in force whether he knows of the judgment or not . Traité Condictio Indebiti , No. 145. The reasoning of Pothier has not in this case his customary ...
Page 20
... paid before the debtor has knowledge of the judgment it would stand on precisely the same reasons as a payment made during the pendency of a suit , and it could with no more certainty be inferred that the payment was an acknow ...
... paid before the debtor has knowledge of the judgment it would stand on precisely the same reasons as a payment made during the pendency of a suit , and it could with no more certainty be inferred that the payment was an acknow ...
Page 21
If , after he has paid it , he discovers the infirmity of the bond , on proof that it was extorted by violence , it will be presumed . that he paid it , not knowing it to be void . 11 Toull . 73 . A mother erroneously supposes that she ...
If , after he has paid it , he discovers the infirmity of the bond , on proof that it was extorted by violence , it will be presumed . that he paid it , not knowing it to be void . 11 Toull . 73 . A mother erroneously supposes that she ...
Page 42
... paid when due , the assignee forwarded it for collection . By the Scots law , this bond is assignable , and the assignee may sue for the debt in his own name . - Can he thus sue in Massachusetts ; and if so , in what form of action ? Or ...
... paid when due , the assignee forwarded it for collection . By the Scots law , this bond is assignable , and the assignee may sue for the debt in his own name . - Can he thus sue in Massachusetts ; and if so , in what form of action ? Or ...
Page 45
... paid ) Do. on cargo , sum insured , $ 33,000 $ 5,280 500 Less partial loss , Contributory value , 5,280 27,720 at 10 per ct . 2,772 $ 8,552 This office would pay , 2. Salem Marine Insurance Company , ( Jacob Ashton , Pre- sident ...
... paid ) Do. on cargo , sum insured , $ 33,000 $ 5,280 500 Less partial loss , Contributory value , 5,280 27,720 at 10 per ct . 2,772 $ 8,552 This office would pay , 2. Salem Marine Insurance Company , ( Jacob Ashton , Pre- sident ...
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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...