The American Law Register, Volume 3; Volume 12D.B. Canfield & Company, 1864 - Electronic journals |
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Page 19
... action of trover , and obtained leave of Court to prosecute it . Upon these facts , it was held , that as the engine and cars came rightfully into the possession of the receiver , and had not been sold by him , there had been no ...
... action of trover , and obtained leave of Court to prosecute it . Upon these facts , it was held , that as the engine and cars came rightfully into the possession of the receiver , and had not been sold by him , there had been no ...
Page 22
... action . They have mistaken their remedy . Their action is not a suit for the possession , but is an attempt to hold the receiver personally liable for the value of the property . Such an action cannot be maintained under the ...
... action . They have mistaken their remedy . Their action is not a suit for the possession , but is an attempt to hold the receiver personally liable for the value of the property . Such an action cannot be maintained under the ...
Page 34
... action against the husband and wife jointly , either to recover the goods , or damages , for their conversion ; or semble , an action on the case for damages for the fraud . For tort of the wife committed in the presence or by order of ...
... action against the husband and wife jointly , either to recover the goods , or damages , for their conversion ; or semble , an action on the case for damages for the fraud . For tort of the wife committed in the presence or by order of ...
Page 35
... action before he commenced the suit . The action was commenced in 1857 , and it must be determined by the rules of the common law , irrespective of the alterations made by our recent statutes in the laws affecting husband and wife . It ...
... action before he commenced the suit . The action was commenced in 1857 , and it must be determined by the rules of the common law , irrespective of the alterations made by our recent statutes in the laws affecting husband and wife . It ...
Page 36
... action on the case for damages for the fraud would have lain against the husband and wife jointly . KENT says : " The husband is liable for the torts and frauds of the wife committed during coverture . If committed in his company , or ...
... action on the case for damages for the fraud would have lain against the husband and wife jointly . KENT says : " The husband is liable for the torts and frauds of the wife committed during coverture . If committed in his company , or ...
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Common terms and phrases
agent agreement alleged amount applied assignment authority bailment bank bill bond capture cause of action citizen claim common law consideration Constitution contract conveyance corporation court of equity coverture creditor damages debt decisions declared decree deed defendant delivered divorce doctrine domicil duty effect England English entitled equity estopped estoppel evidence executed existing fact fee simple fraud grant grantor ground held husband indorsed insanity interest judge judgment jurisdiction jury Justice land legislature liable lien Lord marriage married ment Milwaukie mortgage mortgagor notice obligation opinion owner paid parties payment person plaintiff possession principle promissory promissory note provisions purchaser question railroad reason recover regard remedy Reports rule says seisin Seymour statute Statute of Limitations subsequent suit Supreme Court testamentary capacity testator tion United usury valid void watercourse Weehawken Wend wife York
Popular passages
Page 459 - Also to the ninth and tenth sections of an act entitled "An act to suppress insurrection, to punish treason and rebellion, to seize and confiscate the property of rebels, and for other purposes," approved July 17, 1862, and which sections are in the words and figures following: "SEC.
Page 325 - In case of a disagreement between the two houses, with respect to the time of adjournment, the Governor shall have power to adjourn...
Page 331 - Neither House shall, without the consent of the other, adjourn for more than two days, nor to any other place than that in which the two Houses shall be sitting.
Page 535 - ... of its capital, after deducting the assessed value of its real estate, and all shares of stock in other corporations actually owned by such company which are taxable upon their capital...
Page 139 - AVhere a remainder shall be limited to the heirs, or iifefwhe'nto heirs of the body of a person to whom a life estate, in the same premises...
Page 334 - Whenever a statute gives a discretionary power to any person, to be exercised by him upon his own opinion of certain facts, it is a sound rule of construction, that the statute constitutes him the sole and exclusive judge of the existence of those facts.
Page 590 - It shall be lawful, for the time to come, for any one to go out of our kingdom, and return safely and securely, by land or by water, saving his allegiance to us...
Page 472 - The trial of all crimes, except in cases of impeachment, shall be by jury; and such trial shall be held in the state where the said crime shall have been committed...
Page 140 - By section 35 of the same article, it is, also, provided that "expectant estates are descendible, devisable and alienable in the same manner as estates in possession.
Page 32 - P. 249] , and the conclusion there arrived at seems to be correct in general, "that an express promise can only revive a precedent good consideration, which might have been enforced at law through the medium of an implied promise, had it not been suspended by some positive rule of law; but can give no original cause of action, if the obligation, on which it is founded, never could have been enforced at law, though not barred by any legal maxim or statute provision.