The American Decisions: Containing All the Cases of General Value and Authority Decided in the Courts of the Several States, from the Earliest Issue of the State Reports to the Year 1869, Volume 99Bancroft-Whitney, 1888 - Law reports, digests, etc |
From inside the book
Results 1-5 of 86
Page 60
... action to recover this money goes in affirmance of the illegal contract and to enforce the performance of this duty . The main object of the agency was to do an act criminal by our statute ( R. S. , sec . 2 , c . 169 ) , -to engage " in ...
... action to recover this money goes in affirmance of the illegal contract and to enforce the performance of this duty . The main object of the agency was to do an act criminal by our statute ( R. S. , sec . 2 , c . 169 ) , -to engage " in ...
Page 61
... action is maintainable . The judgment of the county court must be reversed , and the cause remanded , with directions to enter judgment for the plain- tiff for that amount . Ordered accordingly PAINE , J. , having been of counsel for ...
... action is maintainable . The judgment of the county court must be reversed , and the cause remanded , with directions to enter judgment for the plain- tiff for that amount . Ordered accordingly PAINE , J. , having been of counsel for ...
Page 64
... action for moneys had and received , though the purposes of the associa tion were illegal , the money being received ... action against the plaintiff , on his giving up part of the proceeds , and the plaintiff then brought assumpsit ...
... action for moneys had and received , though the purposes of the associa tion were illegal , the money being received ... action against the plaintiff , on his giving up part of the proceeds , and the plaintiff then brought assumpsit ...
Page 65
... action cannot be made out without the aid of an illegal contract ; and the parties being in pari delicto , the court will not lend its aid to either : Daniels v . Barney , 22 Ind . 207 , 213 ; Root v . Stevenson , 24 Id . 115 ; Comstock ...
... action cannot be made out without the aid of an illegal contract ; and the parties being in pari delicto , the court will not lend its aid to either : Daniels v . Barney , 22 Ind . 207 , 213 ; Root v . Stevenson , 24 Id . 115 ; Comstock ...
Page 66
... action . Nor will the purchaser be entitled to recover in an action for money had and re- ceived upon proof that the seller of the ticket received the amount of the prize - money drawn by the ticket : Eberman v . Reitzel , 1 Watts & S ...
... action . Nor will the purchaser be entitled to recover in an action for money had and re- ceived upon proof that the seller of the ticket received the amount of the prize - money drawn by the ticket : Eberman v . Reitzel , 1 Watts & S ...
Contents
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Common terms and phrases
action adverse possession affirmed agent alleged amount appear appellant appellee authority bail Bank bill charge claim complaint contract conveyance conveyed corporation Cotzhausen counsel court court of equity covenant creditors damages debts deed defendant demurrer Ditch Company entitled equity error estopped estoppel Eureka Lake Water evidence execution facts filed granted grantor ground held homestead husband illegal indorsement injury instructions interest Iowa issued judgment lien jury Lake Water Company land levy liable lis pendens ment mortgage ne exeat negligence notice opinion owner paid party payment person plaintiff plaintiff in error possession premises purchaser purpose question quitclaim deed R. R. Co railroad record recover refused rule seisin sell sheriff sheriff's deed Smith sold statute statute of limitations stockholders suit sureties sustained thereof tion trial trustee ultra vires valid verdict void wife writ
Popular passages
Page 61 - No court will lend its aid to a man who founds his cause of action upon an immoral or an illegal act.
Page 87 - The principle is that where the owner of two tenements sells one of them, or the owner of an entire estate sells a portion, the purchaser takes the tenement or portion sold, with all the benefits and burdens which appear at the time of the sale, to belong to it, as between it and the property which the vendor retains.
Page 654 - Where, however, the allegation of the claim or defense to which the proof is directed, is unproved, not in some particular or particulars only, but in its general scope and meaning, it is not to be deemed a case of variance, within the last two sections, but a failure of proof.
Page 439 - June, no Writ of Fieri facias, or other Writ of Execution, shall bind the Property of the Goods against whom such Writ of Execution is sued forth, but from the Time that such Writ shall be delivered to the Sheriff, Under-Sheriff, or Coroners, to be executed...
Page 663 - The general rule is that the validity of a contract is to be determined by the law of the state in which it is made; if...
Page 299 - ... provided, that this section shall not be construed to prevent a division and distribution of the capital stock of the company, which shall remain after the payment of all its debts, upon the dissolution of the corporation or the expiration of its charter.
Page 343 - ... every such conveyance not so recorded shall be void as against any subsequent purchaser in good faith and for a valuable consideration of the same real estate or any portion thereof whose conveyance shall be first duly recorded.
Page 632 - On the contrary, although he may be laboring under partial insanity, if he still understands the nature and character of his act, and its consequences; if he has a knowledge that it is wrong and criminal, and a mental power sufficient to apply that knowledge to his own case, and to know that, if he does the act, he will do wrong and receive punishment; such partial insanity is not sufficient to exempt him from responsibility for criminal acts.
Page 153 - ... in all cases where a condition of a bond, recognizance, &c., is possible at the time of the making of the condition, and, before the same can be performed, the condition becomes impossible by the act of God, or of the law, or of the obligee, &c., there, the obligation, Sic., is saved.
Page 354 - An act more effectually to provide for the punishment of certain crimes against the United States...