Institutes of American Law, Volume 3R.E. Peterson, 1854 - Law |
From inside the book
Results 1-5 of 29
Page 208
... traverse be taken , the time laid is of the substance of the issue , and must be strictly proved , and its being laid under a videlicit makes no differ- ence . In cases of usury , time is of material import- ance , because upon that ...
... traverse be taken , the time laid is of the substance of the issue , and must be strictly proved , and its being laid under a videlicit makes no differ- ence . In cases of usury , time is of material import- ance , because upon that ...
Page 260
... traverse the matter of the declaration ; in the latter to confess and avoid it ; pleas of this kind , are , therefore , divided into pleas by way of traverse , and pleas by way of confession and avoidance . § 2. Of kinds of pleas in bar ...
... traverse the matter of the declaration ; in the latter to confess and avoid it ; pleas of this kind , are , therefore , divided into pleas by way of traverse , and pleas by way of confession and avoidance . § 2. Of kinds of pleas in bar ...
Page 262
... traverse . All pleas in denial are generally traverses , for the meaning of this word is a denial ; and , therefore , in pleading , to traverse is to deny , or controvert any thing which is alleged in the declaration , plea , repli ...
... traverse . All pleas in denial are generally traverses , for the meaning of this word is a denial ; and , therefore , in pleading , to traverse is to deny , or controvert any thing which is alleged in the declaration , plea , repli ...
Page 267
... traverse , will forever preclude the party from afterward contesting the same fact , in any subsequent suit with his adversary . ( a ) This is called an estoppel by matter of record . 2. As an instance of estoppel by deed , may be men ...
... traverse , will forever preclude the party from afterward contesting the same fact , in any subsequent suit with his adversary . ( a ) This is called an estoppel by matter of record . 2. As an instance of estoppel by deed , may be men ...
Page 275
... traverse by the second affirmative is argumentative in its nature ; as if it be alleged by . the defendant , that a party died seised in fee , and the plaintiff allege that he died seised in tail , this is not a good issue , because the ...
... traverse by the second affirmative is argumentative in its nature ; as if it be alleged by . the defendant , that a party died seised in fee , and the plaintiff allege that he died seised in tail , this is not a good issue , because the ...
Other editions - View all
Common terms and phrases
abatement admitted affirmative alleged assigned assumpsit attorney averment Book breach cause of action certiorari chap chattel Chit circuit court claim common law conclusion considered contract courts of equity covenant coverture Cowen Cranch creditor damages debt declaration deed defendant delivered demand demurrer detinue distrain distress district court entitled equity evidence ex delicto execution executor facias fact fieri facias given Greenl husband injury issue John joined judge judgment jurisdiction jury justice land liable lien Litt matter ment nolle prosequi oath officer party person plaintiff plaintiff in error plea in bar pleaded possession presumption proceedings proof proved record recover remedy rendered rent replication rule Saund scire facias seal SECTION 1.-OF sheriff statute Steph sued sufficient suit supreme court tenant testimony tion traverse trespass trial trover United verdict Wend wife witness writ of error wrong
Popular passages
Page 90 - That a final judgment or decree in any suit, in the highest court of law or equity of a state in which a decision in the suit could be had, where is drawn in question the validity of a treaty or statute of, or an authority exercised under, the United States...
Page 91 - States, and the decision is in favor of such their validity, or where is drawn in question the construction of any clause of the Constitution, or of a treaty or statute of, or commission held under the United States, and the decision is against the title, right, privilege, or exemption specially set up or claimed by either party, under such clause of the said Constitution, treaty, statute, or commission, may be re-examined and reversed or affirmed in the Supreme Court of the United States upon a...
Page 376 - From the variety of cases relative to judgments being given in evidence in civil suits, these two deductions seem to follow as generally true : first, that the judgment of a Court of concurrent jurisdiction, directly upon the point, is as a plea, a bar, or as evidence, conclusive, between the same parties, upon the same matter, directly in question in another Court...
Page 114 - States 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, exclusive of costs, the sum or value of five hundred dollars, and arising under the Constitution or laws of the United States...
Page 441 - No person duly authorized to practice physic or surgery, shall be allowed to disclose any information which he may have acquired in attending any patient, in a professional character, and which information was necessary to enable him to prescribe for such patient as a physician, or to do any act for him as a surgeon (id.
Page 93 - The supreme court shall also have appellate jurisdiction from the circuit courts and courts of the several states, in the cases hereinafter specially provided for; and shall have power to issue writs of prohibition to the district courts, when proceeding as courts of admiralty and maritime jurisdiction...
Page 109 - And upon a like process, may final judgments and decrees in civil actions, and suits in equity in a circuit court, brought there by original process, or removed there from...
Page 652 - The Rule of law is laid down with perfect correctness in the case of Butterfield v. Forrester (x), that although there may have been Negligence on the part of the plaintiff, yet unless he might by the exercise of ordinary care have avoided the consequences of the defendant's Negligence, he is entitled to recover. But if by ordinary care he might have avoided them, he is the author of his own wrong.
Page 88 - That the Supreme Court shall have exclusive jurisdiction of all controversies of a civil nature, where a state is a party, except between a state and its citizens; and except also between a state and citizens of other states, or aliens, in which latter case it shall have original but not exclusive jurisdiction.
Page 85 - It shall be the duty of the marshal of each district to attend the district and circuit courts when sitting therein, and to execute throughout the district all lawful precepts directed to him and issued under the authority of the United States; and he shall have power to command all necessary assistance in the execution of his duty.