The American Law Register, Volume 2; Volume 11D.B. Canfield & Company, 1863 |
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Page 22
... defendant in error should plead the fact in bar of the suit . The case of a judgment on default , against a person admitted to have been non com- pos , is to be distinguished from such cases as King vs. Robinson , 33 Maine 114 , where ...
... defendant in error should plead the fact in bar of the suit . The case of a judgment on default , against a person admitted to have been non com- pos , is to be distinguished from such cases as King vs. Robinson , 33 Maine 114 , where ...
Page 25
... defendant in error , after arguing the 1st , 2d , 3d , 6th , 7th , and 8th specifications of error , contended , with regard to the 4th and 5th , that the mere fact that a party defendant was non compos mentis is no error . It has never ...
... defendant in error , after arguing the 1st , 2d , 3d , 6th , 7th , and 8th specifications of error , contended , with regard to the 4th and 5th , that the mere fact that a party defendant was non compos mentis is no error . It has never ...
Page 26
... defendant " by leaving a summons at his last and usual place of abode , " & c . The fourth error assigned is , that- " The said Asa Leach , at the time that the officer's return of service of said writ upon said Asa Leach purports to ...
... defendant " by leaving a summons at his last and usual place of abode , " & c . The fourth error assigned is , that- " The said Asa Leach , at the time that the officer's return of service of said writ upon said Asa Leach purports to ...
Page 27
... defendant's conduct , if fair it was , cannot supply the want of capacity in the plaintiff's intestate . While the courts have power to protect the property of a defend- ant who is temporarily absent from the State , against a suit of ...
... defendant's conduct , if fair it was , cannot supply the want of capacity in the plaintiff's intestate . While the courts have power to protect the property of a defend- ant who is temporarily absent from the State , against a suit of ...
Page 29
... defendant in error should have pleaded the fact in bar of the writ . " The Court will generally allow the defendant in error to come in and plead that the said judgment is not erroneous , in any matter of fact , in manner and form , & c ...
... defendant in error should have pleaded the fact in bar of the writ . " The Court will generally allow the defendant in error to come in and plead that the said judgment is not erroneous , in any matter of fact , in manner and form , & c ...
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Common terms and phrases
action adverse possession agreement alleged applied assignment assumpsit authority Bank bill bill of lading bond cause charter charter-party choses in action claim common law consignees Constitution contract corporation counsel court of equity covenants creditor damages debt decided decision declared deed deed of trust defendant discharge district duty election electors entitled equity evidence execution exercise fact fraud grant grantor habeas corpus held indorser injunction injury intention issued Judge judgment judicial jurisdiction jury Justice land Legislature levy liable lien matter ment mortgage negligence notice officers opinion owner pardon party payment person plaintiff plaintiff in error plea port Port Colborne possession President principle purchaser purpose question railroad reason recover regard Reports rule servitude sheriff statute suit Supreme Court thereof tion trial trust United vessel votes Welland Railway writ
Popular passages
Page 228 - States are plaintiffs, or petitioners; or an alien is a party, or the suit is between a citizen of the state where the suit is brought, and a citizen of another state.
Page 340 - ex majore cautela" and in anticipation of such astute objections, passing an act "approving, legalizing, and making valid all the acts, proclamations, and orders of the President, &c., as if they had been issued and done under the previous express authority and direction of the Congress of the United States.
Page 231 - That the circuit courts shall have original cognizance, concurrent with the courts of the several States, of all suits of a civil nature at common law or in equity, where the matter in dispute exceeds...
Page 756 - The general government, and the States, although both exist within the same territorial limits, are separate and distinct sovereignties, acting separately and independently of each other, within their respective spheres. The former in its appropriate sphere is supreme; but the States within the limits of their powers not granted, or, in the language of the Tenth Amendment, "reserved," are as independent of the general government as that government within its sphere is independent of the States.
Page 231 - ... nor shall any district, or circuit court, have cognizance of any suit to recover the contents of any promissory note, or other chose in action, in favor of an assignee, unless a suit might have been prosecuted in such court to recover the said contents if no assignment had been made, except in cases of foreign bills of exchange.
Page 338 - The Constitution confers on the President the whole executive power. He is bound to take care that the laws be faithfully executed. He is Commander-in-Chief of the Army and Navy of the United States, and of the militia of the several States when called into the actual service of the United States. He has no power to initiate or declare a war, either against a foreign nation or a domestic State.
Page 616 - The sovereignty of a State extends to everything which exists by its own authority or is introduced by its permission ; but does it extend to those means which are employed by Congress to carry into execution powers conferred on that body by the people of the United States?
Page 231 - And any attachment of the goods or estate of the defendant, by the original process, shall hold the goods or estate so attached to answer the final judgment, in the same manner as by the laws of such State they would have been holden to answer final judgment, had it been rendered by the court in which the suit was commenced.
Page 339 - WHEREAS we are happily at peace with all sovereigns, powers, and states : And whereas hostilities have unhappily commenced between the government of the United States of America and certain States styling themselves the Confederate States of America...
Page 41 - If the states may tax one instrument employed by the government in the execution of its powers, they may tax any and every other instrument. They may tax the mail; they may tax the mint; they may tax patent rights; they may tax the papers of the custom-house; they may tax judicial process; they may tax all the means employed by the government, to an excess which would defeat all the ends of government.