A practical abridgment of American common law cases argued and determined in the courts of the several states, and the United States courts, from the earliest period to the present time: alphabetically arranged; with notes and references to the statutes of each state and analogous adjudications. Comprising under the several titles a practical treatise on the different branches of the common law, Volume 1 (Google eBook)
Treadway & Atwood, 1833 - Common law
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absconding accord and satisfaction administrator affidavit agreement alien alleged amend appeal apprentice arbitrators arrest assumpsit attachment aver award bail bond brought Caine's cause of action certiorari common law Common Pleas contract costs count covenant Cowen's N. Y. Rep creditor damages debt debtor declaration decree defendant demand Demurrer and joinder discharge entitled evidence execution executors fact feme covert fendant granted ground Held ibid indenture indictment issue Johns judge judgment jurisdiction jury justice land Mass matter ment Motion nonsuit objection opinion paid party payment person Pickg plaintiff in error plea in abatement pleaded principle proceedings promise promissory note question Rawle's Penn recover remedy rule scire facias Sept Sergt sheriff Smith statute submission sued suit Taun term tion trespass trial trover trustees U. S. Rep Verdict for plaintiff Vide void writ of error
Page 465 - Where the arbitrators were guilty of misconduct in refusing to postpone the hearing, upon sufficient cause shown, or in refusing to hear evidence pertinent and material to the controversy; or of any other misbehavior by which the rights of any party have been prejudiced.
Page 410 - And for the true performance of all and singular the covenants and agreements aforesaid, the said parties bind themselves, each unto the other, firmly by these presents.
Page 465 - Where there was an evident miscalculation of figures, or an evident mistake in the description of any person, thing or property, referred to in the award.
Page 313 - And shall have exclusive cognizance of all crimes and offences cognizable under the authority of the United States...
Page 254 - ... could not be contended that this condemnation operated a change of property. Upon principle, then, it would seem that, to a certain extent, the capacity of the court to act upon the thing condemned, arising from its being within, or without their jurisdiction, as well as the constitution of the court, may be considered by that tribunal which is to decide on the effect of the sentence.
Page 167 - ... *That a note, without a special contract, would not, of itself, dis- r*oĢ4 charge the original cause of action, is not denied. But it is insisted, *that if, by express agreement, the note is received as payment, it satisfies the original contract, and the party receiving it must take his remedy on it. This principle appears to be well settled. The note of one of the parties or of a third person may, by agreement, be received in payment.
Page 107 - ... has departed therefrom, with intent to defraud his creditors, or to avoid the service of a summons, or keeps himself concealed therein with the like intent...
Page 338 - ... defectively or imperfectly stated or omitted, and without which it is not to be presumed that either the judge would direct the jury to give or the jury would have given the verdict, such defect, imperfection, or omission is cured by the verdict...
Page 254 - ... which it has determined. In some cases that jurisdiction unquestionably depends as well on the state of the thing as on the constitution of the court. If by any means whatever a prize court should be induced to condemn as prize of war a vessel which was never captured, it could not be contended that this condemnation operated a change of property. Upon principle, then, it would...