A Treatise on the Limitations of Actions at Law and Suits in Equity and Admiralty: With an Appendix Containing the American and English Statutes of LimitationsLittle, Brown,, 1869 - 691 pages |
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Page 35
... Lord Mansfield , that the certainty of a rule is of more importance than the reason of it ; and the truth of the prop- osition as applied to the present subject appears plainly enough . It must be left to the reader to deduce a certain ...
... Lord Mansfield , that the certainty of a rule is of more importance than the reason of it ; and the truth of the prop- osition as applied to the present subject appears plainly enough . It must be left to the reader to deduce a certain ...
Page 75
... Lord Mansfield , " being so , the judgment was not a specialty , but the debt only a simple contract debt . " From this , reasons Van Ness , J. in Pease v . Howard , it would seem to follow , that if the judgment had been conclusive ...
... Lord Mansfield , " being so , the judgment was not a specialty , but the debt only a simple contract debt . " From this , reasons Van Ness , J. in Pease v . Howard , it would seem to follow , that if the judgment had been conclusive ...
Page 81
... Lord Mansfield says : " The question was brought to a narrow point ; for it was admitted , on the part of the defendant , that indebitatus assumpsit would have lain , and on the part of the plaintiffs , that the judgment was only prima ...
... Lord Mansfield says : " The question was brought to a narrow point ; for it was admitted , on the part of the defendant , that indebitatus assumpsit would have lain , and on the part of the plaintiffs , that the judgment was only prima ...
Page 123
... Lord Campbell properly suggested , relative to a controversy not unlike the present , that ' hard cases must not make bad law . ' East India Co. v . Paul , 1 Eng . L. & Eq . R. 44 , 48. At the same time , if the dictum of Lord Mansfield ...
... Lord Campbell properly suggested , relative to a controversy not unlike the present , that ' hard cases must not make bad law . ' East India Co. v . Paul , 1 Eng . L. & Eq . R. 44 , 48. At the same time , if the dictum of Lord Mansfield ...
Page 171
... Lord Mansfield and the rest of the court , in Top- ham v . Braddick , 1 no action for not accounting lies till after demand made , and of course , if that be so , the statute does not begin to run in favor of the consignee till that ...
... Lord Mansfield and the rest of the court , in Top- ham v . Braddick , 1 no action for not accounting lies till after demand made , and of course , if that be so , the statute does not begin to run in favor of the consignee till that ...
Contents
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Common terms and phrases
acknowledgment action accrued action of assumpsit administrator admission adverse possession apply assumpsit authority Bank barred begin to run bill brought cause of action Chief Justice cited claim commenced common law considered construction contract court of equity creditor Cush debtor decisions declaration deed defendant demand disability disseisin doctrine evidence executor feme covert fraud Greenl heir held indorsement Jackson Jones judgment jury land lapse lex loci contractus liable Lord Lord Mansfield Mass Massachusetts ment merchants mortgage opinion ouster owner paid party payment Penn person plaintiff plea plead the statute presumption principle promise to pay promissory note Rawle recover remedy right of action right of entry rule says seisin Serg Shep Smith stat statute begins statute of limitations sued sufficient suit supra Supreme Court tenant in common Tenn testator tion trust twenty Watts Wend writ of right
Popular passages
Page xviii - ... any mortgage, judgment, or lien, or otherwise charged upon or payable out of any land or rent, at law or in equity, or any legacy, but within twenty years next after a present right to receive the same shall have accrued to some person capable of giving a discharge for or release of the same...
Page clxxiv - ... die before the expiration of the time limited for the commencement thereof, and the cause of action survive, an action may be commenced by his representatives, after the expiration of that time and within one year from his death.
Page clxix - ... tenancy, or, where there has been no written lease, until the expiration of five years from the time of the last payment of rent, notwithstanding that such tenant may have acquired another title, or may have claimed to hold adversely to his landlord. But such presumptions cannot be made after the periods herein limited.
Page lxiii - ... years before the commencement of the act in respect to which such action is prosecuted or defense made.
Page ix - ... such possession or receipt then such right shall be deemed to have first accrued at the time at which the person claiming as aforesaid or the person through whom he claims became entitled to such possession or receipt by virtue of such instrument.
Page clxxx - If any action be commenced within duo time, and a judgment thereon for the plaintiff be reversed, or if the plaintiff fail in such action or upon a canse of action otherwise than upon the merits, and the time limited for the same shall have expired, the plaintiff, or, if he die, and the cause of action survive, his representatives, may commence a new action within one year after the reversal or failure.
Page cxxiv - First, it was among other things enacted that all actions of account and upon the case, other than such accounts as concern the trade of merchandise between merchant and merchant, their factors or servants, all actions of debt grounded upon any lending or contract without specialty...
Page 296 - Provided always, that nothing herein contained shall alter or take away or lessen the Effect of any Payment of any Principal or Interest made by any Person whatsoever...