A General Abridgment and Digest of American Law: With Occasional Notes and Comments, Volume 6Cummings, Hilliard & Company, 1824 - Law |
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Page 9
... to bring money into court , and then to replead the same issue : this , for the promotion of justice , is within the general discretion of the court , and is our practice . VOL . VI . 2 Wragg . CH . 177 . Art . 7 . 1 H. TENDER , & c . 9.
... to bring money into court , and then to replead the same issue : this , for the promotion of justice , is within the general discretion of the court , and is our practice . VOL . VI . 2 Wragg . CH . 177 . Art . 7 . 1 H. TENDER , & c . 9.
Page 17
... justice . §22 . This question as to what may or may not be aver- red ; as also , the question , what ought or ought not to be averred , occasionally occur in all parts of pleadings , and have already been examined under different heads ...
... justice . §22 . This question as to what may or may not be aver- red ; as also , the question , what ought or ought not to be averred , occasionally occur in all parts of pleadings , and have already been examined under different heads ...
Page 47
... justice court & c . Tech- nical nicety or form is not required in his court in New York . It is sufficient if the plt . state his case , so , that con- nected with the proofs , it appears he is entitled to recover : as where a plt ...
... justice court & c . Tech- nical nicety or form is not required in his court in New York . It is sufficient if the plt . state his case , so , that con- nected with the proofs , it appears he is entitled to recover : as where a plt ...
Page 93
... justice , the deft . pleaded a for- 2 Johns . R. mer judgment for the same cause of action before a justice . 181 , Felter . In the first suit the jury found a verdict of no cause of action ; 191 , Young v . held , as this was ...
... justice , the deft . pleaded a for- 2 Johns . R. mer judgment for the same cause of action before a justice . 181 , Felter . In the first suit the jury found a verdict of no cause of action ; 191 , Young v . held , as this was ...
Page 125
... justice allowed him to give it in evidence in mitigation of damages . Plt . offered to call the arbitrators to prove they refused to consider the cause of this action as it was for the private personal wrong ; but the Marriott . 134 . 1 ...
... justice allowed him to give it in evidence in mitigation of damages . Plt . offered to call the arbitrators to prove they refused to consider the cause of this action as it was for the private personal wrong ; but the Marriott . 134 . 1 ...
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Common terms and phrases
abatement accessary action adjudged admiralty aforesaid alleged allowed amended appear assumpsit attorney audita querela averment award bail bill bond brought Burr Caines cause committed common law Common Pleas costs covenant Cranch crimes damages debt declaration deed deft deft's demand demurrer disseizin dower ejectment evidence execution executor fact felony feoffment granted guilty heir held hoc paratus indictment Inst issue Johns joinder judge jurisdiction jurors jury justice land lease mandamus Mass Massachusetts matter ment non est factum notice offence party payment person plea in bar pleaded plt's possession principles proceedings punishment quo warranto Raym reason record recover replevin replication rule Salk Saund scire facias seized seizin shew statute Stra sued suit tenant thereof tiel tion traverse treason trespass trial trustee United usury verdict Wils writ of error writ of right
Popular passages
Page 226 - And no subject shall be arrested, imprisoned, despoiled, or deprived of his property immunities, or privileges, put out of the protection of the law, exiled, or deprived of his life, liberty, or estate, but by the judgment of his peers, or the law of the land.
Page 383 - The Governor and Judges, or a majority of them, shall adopt and publish in the District, such laws of the original States, criminal and civil, as may be necessary, and best suited to the circumstances of the District...
Page 722 - ... for the purpose of preventing the carrying on of any such expedition or enterprise from the territories or jurisdiction of the United States against the territories or dominions of any f'oreign prince or state, or of any colony, district, or people with whom the United States are at peace.
Page 350 - ... saving to suitors, in all cases, the right of a common law remedy, where the common law is competent to give it...
Page 226 - In all controversies concerning property, and in all suits between two or more persons, except in cases in which it has heretofore been...
Page 377 - That the Supreme Court shall have exclusive jurisdiction of all controversies of a civil nature, where a State is a party, except between a State and its citizens ; and except, also, between a State and citizens of other States, or aliens, in which latter case it shall have original, but not exclusive jurisdiction.
Page 686 - Or if a Man do levy War against our Lord the King in his Realm, or be adherent to the King's Enemies in his Realm, giving to them Aid and Comfort in the Realm or elsewhere...
Page 389 - ... where is drawn in question the validity of a treaty or statute of, or an authority exercised under the United States, and the decision is against their validity ; or where is drawn in question the validity of a statute of, or an authority exercised under any state, on the ground of their being repugnant to the constitution, treaties, or laws of the United States, and the decision is in favor of their validity...
Page 686 - That if any person or persons, owing allegiance to the United States of America shall levy war against them, or shall adhere to their enemies, giving them aid and comfort within the United States or elsewhere, and shall be thereof convicted, on confession in open court...
Page 380 - That suits in equity shall not be sustained in either of the courts of the United States, in any case where plain, adequate and complete remedy may be had at law.