The Monthly Law Reporter, Volume 19Charles C. Little and James Brown, 1857 - Law |
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Page 16
... claim to it , than any individual would have to take property from his vendee , on the ground that he had no right to sell it . It appears from the petition , that , after the sale of the tobacco , the petitioner was informed that it ...
... claim to it , than any individual would have to take property from his vendee , on the ground that he had no right to sell it . It appears from the petition , that , after the sale of the tobacco , the petitioner was informed that it ...
Page 18
... claim to recover the pur- chase money of the U. States . THE opinion of the Court was delivered by GILCHRIST , C. J.— This claim is , substantially , an action against the United States for money had and received . It appears from the ...
... claim to recover the pur- chase money of the U. States . THE opinion of the Court was delivered by GILCHRIST , C. J.— This claim is , substantially , an action against the United States for money had and received . It appears from the ...
Page 20
... claim , it cannot be recovered back , though the title be wholly de- fective , unless there be fraud on the part of the vendor.- Gates v . Winslow , 1 Mass . 65 ; Wallis v . Wallis , 4 Mass . 135 ; Emerson v . Washington County , 9 ...
... claim , it cannot be recovered back , though the title be wholly de- fective , unless there be fraud on the part of the vendor.- Gates v . Winslow , 1 Mass . 65 ; Wallis v . Wallis , 4 Mass . 135 ; Emerson v . Washington County , 9 ...
Page 32
... claim of the other one half of the excess , so as to make both equal . It is also insisted by the respondents , that this claim is barred by an award of referees . It appears , that the matter in controversy was verbally submitted to ...
... claim of the other one half of the excess , so as to make both equal . It is also insisted by the respondents , that this claim is barred by an award of referees . It appears , that the matter in controversy was verbally submitted to ...
Page 34
... claim is to a share of the proceeds of the voyage ; and they have no property in the oil itself . The contract is , that out of the proceeds when realized they shall be paid according to their lays . It is the right and duty of the ...
... claim is to a share of the proceeds of the voyage ; and they have no property in the oil itself . The contract is , that out of the proceeds when realized they shall be paid according to their lays . It is the right and duty of the ...
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Common terms and phrases
action agent Alexander H alleged amount appear appointed assignment assumpsit attorney authority bill bill of lading bond Boston cause charge claim common law compensation constitution contract corporation County court of equity creditor criminal damages David Leavitt debt debtor deceased decision declared deed defendant delivered duty Eminent Domain entitled equity evidence execution fact fraud governor Held indictment indorser interest intestate Isaac Ames John John G judge judgment judicial jurisdiction jury justice L. J. Fletcher land legislature liable libel Massachusetts matter ment mortgage notice offence opinion owner paid party payment person plaintiff plea possession principle prisoner proceedings promissory note provisions purchase question railroad reason received recover residence Right of Eminent ship sovereign statute Statute of Frauds strychnine suit Supreme Court taken Term testator tion town trial trustee United verdict vessel whole witness York
Popular passages
Page 184 - By the preceding course of reasoning we have arrived at these general conclusions.: First, the shores of navigable waters, and the soils under them, were not granted by the Constitution to the United States, but were reserved to the States respectively. Secondly, the new States have the same rights, sovereignty, and jurisdiction over this subject as the original States.
Page 334 - An act to provide for the better security of the lives of passengers on board of vessels propelled in whole or in part by steam, and for other purposes...
Page 334 - Be it therefore enacted, that whensoever the death of a person shall be caused by wrongful act, neglect or default, and the act, neglect or default is such as would (if death had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof, then and in every such case the person who would have been liable if death had not ensued shall be liable to an action for damages, notwithstanding the death of the person injured, and although the death shall have been...
Page 191 - Fulton the exclusive navigation of all the waters within the jurisdiction of that State, with boats moved by fire or steam...
Page 89 - If any of the citizens of the United States, or any persons under their protection, shall have any disputes with each other, the consul shall decide between the parties ; and whenever the consul shall require any aid or assistance from our government, to enforce his decisions, it shall be immediately granted to him.
Page 334 - Every such action shall be brought by and In the names of the personal representatives of such deceased person, and the amount recovered In every such action shall be for the exclusive benefit of the widow and next of kin...
Page 90 - No officer in any branch of the public service, or any other person whose salary, pay, or emoluments are fixed by law or regulations, shall receive any additional pay, extra allowance, or compensation, in any form whatever, for the disbursement of public money, or for any other service or duty whatever, unless the same is authorized by law, and the appropriation therefor explicitly states that it is for such additional pay, extra allowance, or compensation.
Page 88 - ... of the defendant's nation ; 4. Mixed tribunals of Turkish magistrates and foreign Christians, at length substituted in part for cases between Turks and foreign Christians; 5. Finally, for causes between foreign Christians, the substitution at length of mixed tribunals in place of the separate courts, — this arrangement introduced at first by the legations of Austria, Great Britain, France, and Russia, and then tacitly acceded to by the legations of other foreign Christians.
Page 163 - Execution thereof, shall, together with an Affidavit of the Time of such Bill of Sale being made or given, and a Description of the Residence and Occupation of the Person making or giving the same...
Page 337 - I admit that it is necessary to have recourse to legislative interposition in order to remedy the grievance : but where the case is only new in the instance, and the only question is upon the application of a principle recognized in...