The Cornell Law Quarterly, Volume 4Cornell University, College of Law, 1919 - Electronic journals The Cornell Law Quarterly's contents are topical and intended to be of special relevance to to those practicing law in New York State. |
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Page 4
... defendant disseise him ? If the recognitors said yea the demandant was put in and the defendant put out . The latter might in truth be the real and honest owner but was not allowed to make that defense . Judge Holmes asserts the con ...
... defendant disseise him ? If the recognitors said yea the demandant was put in and the defendant put out . The latter might in truth be the real and honest owner but was not allowed to make that defense . Judge Holmes asserts the con ...
Page 6
... defendant may raise a question of title and thus transcend the possession . It was not so in Bracton's day . The injured party could treat the trespass as a disseisin pro tanto , and shut off any inquiry beyond the possession , and so ...
... defendant may raise a question of title and thus transcend the possession . It was not so in Bracton's day . The injured party could treat the trespass as a disseisin pro tanto , and shut off any inquiry beyond the possession , and so ...
Page 12
... defendant's hundred , but , becoming alarmed and to avoid arrest , the felon fled to the church and abjured the realm , and the defendant became seised of the sheep by virtue of his franchise to have the goods of felons . The Chief ...
... defendant's hundred , but , becoming alarmed and to avoid arrest , the felon fled to the church and abjured the realm , and the defendant became seised of the sheep by virtue of his franchise to have the goods of felons . The Chief ...
Page 14
... defendant unjustly deforces him . As a suitor can be disseised of his land so a creditor can be disseised of the money due to him . It is his money , -that is the theory , his money the possession of which the debtor keeps and refuses ...
... defendant unjustly deforces him . As a suitor can be disseised of his land so a creditor can be disseised of the money due to him . It is his money , -that is the theory , his money the possession of which the debtor keeps and refuses ...
Page 31
... defendant , under pain of punish- ment for contempt , to do what it cannot ; " and that mandamus is not the proper remedy " where a corporation concedes itself power- less to fulfill its public duties . " It was held that inquiry must ...
... defendant , under pain of punish- ment for contempt , to do what it cannot ; " and that mandamus is not the proper remedy " where a corporation concedes itself power- less to fulfill its public duties . " It was held that inquiry must ...
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Common terms and phrases
action admission adopted alien enemy American application authority bank beneficiary Boardman child City College of Law Columbia Law School common law consideration Constitution contract Cornell law school Cornell University corporation course Court of Appeals Dean debt declarations defendant disseisin doctrine domicile duty eminent domain enforce English equity evidence exercise facts Finch franchise Frank Irvine fraud Harvard Harvard Law School heir held Huffcut interest Judge judicial jurisdiction justice land law faculty law library lawyers lease legal education legislative legislature liability LL.B matter ment municipal Negotiable Instruments opinion owner parties person plaintiff possession practice present principal procedure profession Professor promise Public Service Commission question reason regulation remedy result rule seisin South Glens Falls statute Statute of Frauds street railroad supra Supreme Court tion tort trustees warranty writ York
Popular passages
Page 84 - Future estates are either vested or contingent. They are vested, when there is a person in being, who would have an immediate right to the possession of the lands, upon the ceasing of the intermediate or precedent estate.
Page 45 - The taking, receiving, reserving, or charging a rate of interest greater than is allowed by the preceding section, when knowingly done, shall be deemed a forfeiture of the entire interest which the note, bill, or other evidence of debt carries with it, or which has been agreed to be paid thereon.
Page 47 - Where a negotiable instrument is materially altered without the assent of all parties liable thereon, it is avoided, except as against a party who has himself made, authorized or assented to the alteration, and subsequent indorsers.
Page 148 - Commentaries remarks, that this law of Nature being coeval with mankind, and dictated by God himself, is of course superior in obligation to any other. It is binding over all the globe, in all countries and at all times; no human laws are of any validity if contrary to this, and such of them as are valid, derive all their force, and all their validity, and all their authority, mediately and immediately, from this original...
Page 192 - ally of enemy," as used herein, shall be deemed to mean — (a) Any individual, partnership, or other body of individuals, of any nationality, resident within the territory (including that occupied by the military and naval forces) of any nation...
Page 44 - A holder in due course holds the instrument free from any defect of title of prior parties, and free from defences available to prior parties among themselves, and may enforce payment of the instrument for the full amount thereof against all parties liable thereon.
Page 192 - Nothing in this Act shall be deemed to authorize the prosecution of any suit or action at law or in equity in any court within the United States by an enemy or ally of enemy prior to the end of the war, except as provided in section ten hereof...
Page 45 - ... per annum; and such interest may be taken in advance, reckoning the days for which the note, bill or evidence of debt has to run.
Page 75 - Where the goods are bought by description from a seller who deals in goods of that description (whether he be the grower or manufacturer or not), there is an implied warranty that the goods shall be of merchantable quality.
Page 74 - Where the buyer, expressly or by implication, makes known to the seller the particular purpose for which the goods are required...