Practice Reports in the Supreme Court and Court of Appeals, Volume 37Joel Munsell, 1869 - Civil procedure |
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action affirmed agent agreed agreement alleged allowed amendment amount answer appeal application assignment attorney authority bank Barb brought building cause charge claim Code complaint consent contract corporation costs court creditors damages decision defendant delivered delivery demand directed duty effect entitled established evidence examination exception execution express fact fraud further give given granted ground held husband intent interest issue judge judgment jury justice land lease liable lien matter ment mortgage motion necessary notice objection offer opinion owner paid party payment person plaintiff possession premises present proceedings prove provisions purchase question railroad reason received record recover reference refused rendered rent respect rule shares statute sufficient taken term thereof tion trial trust wife witness York
Popular passages
Page 128 - The rule of law is clear that where one, by his words or conduct, wilfully causes another to believe the existence of a certain state of things, and induces him to act on that belief, so as to alter his own previous position, the former is concluded from averring against the latter a different state of things as existing at the same time.
Page 469 - ... when the party by his own contract creates a duty or charge upon himself, he is bound to make it good, if he may, notwithstanding any accident by inevitable necessity, because he might have provided against it by his contract.
Page 132 - But the language of the learned judge who delivered the opinion of the court in that case is conclusive on the point of a mortgage. "The United States," said he, "are to be first satisfied; but then it must be out of the debtor's estate.
Page 205 - ... giving and granting unto my said attorney full power and authority to do and perform all and every act and thing whatsoever requisite and necessary to be done in and about the premises, as fully, to all intents and purposes, as I might or could do if personally present...
Page 231 - A receiver may be appointed, — 1. Before judgment, on the application of either party, when he establishes an apparent right to property which is the subject of the action, and which is in the possession of an adverse party, and the property, or its rents and profits, are in danger of being lost, or materially injured or impaired; except in cases where judgment upon failure to answer may be had without application to the court ; 2.
Page 169 - That no bill of sale, mortgage, hypothecation, or conveyance of any vessel, or part of any vessel of the United States, shall be valid against any person other than the grantor or mortgagor, his heirs and devisees, and persons having actual notice thereof, unless such bill of sale, mortgage, hypothecation, or conveyance be recorded in the office of the collector of customs where such vessel is registered or enrolled.
Page 170 - ... no bill of sale, mortgage, hypothecation, conveyance, or discharge of mortgage or other incumbrance of any vessel, shall be recorded, unless the same is duly acknowledged before a notary public, or other officer authorized to take acknowledgment of deeds.
Page 205 - Giving and granting unto my said attorney full power and authority to do and perform all and every act and thing whatsoever requisite and necessary to be done in and about the premises as fully, to all intents and purposes, as I might or could do if personally present, hereby ratifying and confirming all that my said attorney shall lawfully do, or cause to be done, by virtue of these presents.
Page 376 - where the acts of the agent will bind the principal, there his representations, declarations, and admissions respecting the subject-matter will also bind him, if made at the same time, and constituting part of the res gestae.
Page 320 - I have shown has not been the fact, held that the consideration may be implied or inferred upon the general principle applicable to all instruments or agreements, that whatever may be fairly implied from the terms or language of an instrument is in judgment of law contained in it.