 | Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - Law reports, digests, etc - 1882 - 740 pages
...Reversed. Smith, Nims, Hoyt cfe Erwim, for plaintiffs in error. Duress is that degree of constraint that is sufficient to overcome the mind and will of a person of ordinary firmness : Brown v. Pierce 7 Wai. 214 ; as a defense it must be made in good faith and seasonably : Lyon v.... | |
 | Simon Greenleaf - Evidence (Law) - 1854 - 784 pages
...is meant that degree of severity, either threatened and impending, or actually inflicted, which is sufficient to overcome the mind and will of a person of ordinary firmness.1 The Common Law has divided it into two classes, namely, duress per minas, and duress of... | |
 | United States. Supreme Court - Law reports, digests, etc - 1869 - 802 pages
...actually inflicted or threatened and impending, which is sufficient, in severity or in apprehension, to overcome the mind and will of a person of ordinary firmness.* Opinion of the court. Text-writers usually divide the subject into two classes, namely, duress per... | |
 | United States. Supreme Court - Courts - 1870 - 800 pages
...actually inflicted or threatened and impending, which is sufficient, in severity or in apprehension, to overcome the mind and will of a person of ordinary firmness.* Opinion of the court. Text-writers usually divide the subject iuto two classes, namely, duress per... | |
 | Emory Washburn - Real property - 1876 - 748 pages
...either actually inflicted or threatened and impending, as is sufficient in severity or apprehension to overcome the mind and will of a person of ordinary firmness." 8 But a writer in the American Law Register insists that this rule is too restricted, and that each... | |
 | Virginia. Supreme Court of Appeals - Law reports, digests, etc - 1878 - 934 pages
...sense, is constraint of the will by actual force or threat of it sufficient in severity or apprehension to overcome the •mind and will of a person of ordinary firmness; threat of loss of life, of member, of mayhem, imprisonment, and, according to some modern decisions... | |
 | Jere Baxter - Law reports, digests, etc - 1879 - 690 pages
...is meant that degree of severity, either threatened and impending, or actually inflicted, which is sufficient to overcome the mind and will of a person of ordinary firmness." This definition of duress was adopted in the case of Brown v.. Pierce, 1 Wall., 214. In the case of... | |
 | Nathaniel Cleveland Moak - Law reports, digests, etc - 1880 - 914 pages
...as the real inquiry is whether there was that degree of danger threatened and impending as would be sufficient to overcome the mind and will of a person of ordinary firmness, and not whether he was influenced by a secret and internal fear for which there was no just cause :... | |
 | Law reports, digests, etc - 1906 - 2090 pages
...actually inflicted or threatened and impending, which is sufficient in severity or in apprehension to overcome the mind and will of a person of ordinary firmness. Decided cases may be found which deny this rule and hold that contracts procured by menace of a battery... | |
 | United States. Department of the Interior - Public lands - 1884 - 934 pages
...sense, is meant that degree of severity, either threatened and impending or actually inflicted, which is sufficient to overcome the mind and will of a person of ordinary firmness. (2 Greenleaf on Evidence, 293.) This doctrine was adopted by the court in the cases above cited. According... | |
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Duress, in its more extended sense, means that degree of constraint or danger, either actually inflicted or threatened and impending, which is sufficient, in severity or in apprehension, to overcome the mind and will of a person of ordinary firmness.*... 
