The Southeastern Reporter, Volume 11West Publishing Company, 1890 - Law reports, digests, etc |
From inside the book
Results 1-5 of 74
Page 18
... payment or set - off , or offered to prove payment , or that the court rejected any evidence . The whole defense made , so far as the record discloses , was simply an effort to establish that the plaintiffs never had any cause of action ...
... payment or set - off , or offered to prove payment , or that the court rejected any evidence . The whole defense made , so far as the record discloses , was simply an effort to establish that the plaintiffs never had any cause of action ...
Page 21
... payment of decedent's debts ; hence the court should not de- cree the sale of the realty of a decedent to pay a ... payment of all social debts , there- fore there should be an account and audit of the debts and credits of the firm , and ...
... payment of decedent's debts ; hence the court should not de- cree the sale of the realty of a decedent to pay a ... payment of all social debts , there- fore there should be an account and audit of the debts and credits of the firm , and ...
Page 22
... payment of his debts , his executor or administrator may commence and prosecute a suit in eq- uity to subject his ... payment of the debts of the deceased in relief of the realty descended to the heir , or devised to the devisee , in a ...
... payment of his debts , his executor or administrator may commence and prosecute a suit in eq- uity to subject his ... payment of the debts of the deceased in relief of the realty descended to the heir , or devised to the devisee , in a ...
Page 25
... payment into court , or to the commissioner of school lands , all costs , taxes , and interest due thereon , as ... payment of taxes thereon , and the manner in which it may be sold for the non - payment of said taxes ; and it is clear ...
... payment into court , or to the commissioner of school lands , all costs , taxes , and interest due thereon , as ... payment of taxes thereon , and the manner in which it may be sold for the non - payment of said taxes ; and it is clear ...
Page 26
... pay the debt , if admitted to be justly due , and credit himself with the payment in his settlement . 5. The fact that , upon an ex parte settlement of his accounts before a commissioner under chap- ter 87 of the Code , the county court ...
... pay the debt , if admitted to be justly due , and credit himself with the payment in his settlement . 5. The fact that , upon an ex parte settlement of his accounts before a commissioner under chap- ter 87 of the Code , the county court ...
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Common terms and phrases
acres administrator affidavit agent agreement alleged amount answer appeal appellee assignment authority bank bill Carolina cause of action charge circuit court claim clerk Code commissioners complaint contract counsel county court court of equity creditors D. A. Smith debt debtor decree deed defendant defendant's Deitz demurrer entitled equity erred evidence exceptions execution facts fendant filed fraud ground held improvement company interest issue judge judgment jurisdiction jury Kanawha county land levied lien ment MERRIMON motion North Carolina paid party payment Pennsylvania Steel Company person plain plaintiff in error possession proceeding purchase question Railroad Company recover refused road rule S. E. Rep says Shenandoah Valley Railroad sheriff Smith sold statute suit superior court Supreme Court taxes testator testified testimony thereof tiff tion tract trial trust verdict void Walnut grove farm wife William McKay witness
Popular passages
Page 36 - The general assembly may vest the corporate authorities of cities, towns and villages with power to make local improvements by special assessment or by special taxation of contiguous property, or otherwise.
Page 164 - Constitution gives the citizens of each state all the privileges and immunities of citizens in the several states...
Page 38 - Will in solemn form of law, shall continue to possess the same rights and privileges, and be subject to the same liabilities with respect to costs, as heretofore...
Page 270 - ... liable for mistakes or delays in the transmission or delivery, or for non-delivery of any unrepeated message, whether happening by negligence of its servants or otherwise, beyond the amount received for sending the same...
Page 314 - The court may change the place of trial in the following cases : 1. When the county designated for that purpose in the complaint is not the proper county: 2. When there is reason to believe that an impartial trial cannot be had therein: 3. When the convenience of witnesses and the ends of justice would be promoted by the change.
Page 62 - ... agreement in writing, whereby the contracting party sufficiently indicates an intention to make some particular property, real or personal, or fund, therein described or identified, a security for a debt or other obligation, or whereby the party promises to convey or assign or transfer the property as security, creates an equitable lien upon the property so indicated, which is enforceable against the property in the hands, not only of the original contractor, but of his heirs, administrators,...
Page 270 - It is agreed between the sender of the following message and this company that said company shall not be liable for mistakes or delays in the transmission or delivery or non-delivery of any unrepeated message, whether happening by negligence of its servants or otherwise, beyond the amount received for sending the same...
Page 257 - ... from a judgment, order or other proceeding, taken against him through his mistake, inadvertence, surprise, or excusable neglect...
Page 3 - The proximate cause of an event must be understood to be that which, in a natural and continuous sequence, unbroken by any new cause, produces that event, and without which that event would not have occurred.
Page 314 - If the county designated for that purpose in the complaint, be not the proper county, the action may, notwithstanding, be tried therein, unless the defendant, before the time for answering expire, demand in writing, that the trial be had in the proper county...