The American and English Encyclopedia of Law, Volume 22John Houston Merrill, Charles Frederic Williams, Thomas Johnson Michie, David Shephard Garland E. Thompson, 1893 - Law |
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Common terms and phrases
agent allowed appear assignment assumpsit Bank Barb bond Bosw cause of action claim Code Conn contract counterclaim court court of equity creditor damages debt due debtor deed defendant defendant's demand entitled equity execution fee simple fee tail fendant heirs held Hun N. Y. husband insolvent Iowa Jones judgment jurisdiction land levy liable lien married woman Mass ment Minn Miss mortgage mutual credit N. J. Eq N. Y. Supp notice officer Ohio St paid Paige N. Y. party payment person plaintiff plea pleaded proceedings promissory note purchaser recoup recover Rule in Shelley's separate estate separate property sequestration served service of process set-off sheriff Smith sold Stat statute statutory sued suit surety Tenn thereof tion trust Wend wife wife's writ
Popular passages
Page 224 - A cause of action arising out of the contract or transaction set forth in the complaint as the foundation of the plaintiff's claim, or connected with the subject of the action ; 2.
Page 60 - A husband and wife cannot, by any contract with each other, alter their legal relations, except as to property, and except that they may agree, in writing, to an immediate Separation, and may make provision for the support of either of them and of their children during such separation.
Page 58 - When people understand that they must live together, except for a very few reasons known to the law, they learn to soften by mutual accommodation that yoke which they know they cannot shake off; they become good husbands and good wives, from the necessity of remaining husbands and wives; for necessity is a powerful master in teaching the duties which it imposes.
Page 492 - It is a rule of law, when the ancestor by any gift or conveyance takes an estate of freehold, and in the same gift or conveyance an estate is limited either mediately or immediately to his heirs in fee or in tail ; that always in such cases 'the heirs' are words of limitation of the estate and not words of purchase,
Page 221 - that where there are mutual debts between the plaintiff and defendant, or if either party sue or be sued as executor or administrator, where there are mutual debts between the testator or intestate and either party, one debt may be set against the other...
Page 333 - That the plaintiff at the commencement of this suit was, and still is, indebted to the defendant in an amount equal to the plaintiff's claim, for [here state the cause of set-off", as in a declaration ; see forms ante'] ; which amount the defendant is willing to set off against the plaintiff's claim.
Page 84 - If the husband neglect to make adequate provision for the support of his wife, except in the cases mentioned in the next section, any other person may, in good faith, supply her with articles necessary for her support, and recover the reasonable value thereof from the husband.
Page 371 - ... 2. A statement of any new matter constituting a defense or counterclaim, in ordinary and concise language, without repetition." See. 171. The counterclaim mentioned in the last section must be one existing in favor of a defendant and against a plaintiff, between whom a several judgment might be had in the action, and arising out of one of the following causes of action: "1.
Page 401 - The counter-claim mentioned in this chapter must be a cause of action in favor of the defendants, or some of them, against the plaintiffs, or some of them, arising out of the contract or transaction set forth in the complaint as the foundation of the plaintiff's claim or connected with the subject of the action.
Page 143 - The state, for example, has absolute right to prescribe the conditions upon which the marriage relation between its own citizens shall be created, and the causes for which it may be dissolved.