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action of debt administrator affidavit agreement alleged appears assigned assumpsit authorised aver award bill of exceptions Blackford bond cause of action Cause remanded chancery charge Chitt Circuit Court common law complainant consideration contract conveyance count Court of equity covenant covin creditor Curiam.—The judgment damages debtor declaration decree deed defendant delivered demand demurrer dollars dower equity evidence execution executor facts favour fieri facias filed fraud fraudulent guilty Held hogs indictment instruction interest intestate issue J.—This Johns judgment is reversed jurisdiction jury justice land liable ment mortgage objection overruled paid parties payment peace person plaintiff in error plea pleaded possession principle proceedings promissory note prove purchase-money purchaser question record recover refused rendered replevin reversed with costs rule scire facias sealed sheriff sold statute statute of frauds sufficient suit surety sustained Term thereof tion trespass trial verdict witness writ
Page 319 - Martin, supra, we decided that, "if a day be appointed for payment of money, or part of it, or for doing any other act, and the day is to happen, or may happen, before the thing which is the consideration of the money, or other act, ST is to be performed, an action may be brought for the money, or for not doing such other act before performance; for it appears that the party relied upon his remedy, and did not intend to make the performance a condition precedent...
Page 321 - Where a covenant goes only to part of the consideration on both sides, and a breach of such covenant may be paid for in damages, it is an independent covenant, and an action may be maintained for a breach of the covenant on the part of the defendant, without averring performance in the declaration.
Page 170 - ... M'Connell. And the plea further sets out, that under the proceedings on the attachment, the Court had given judgment against him for four thousand two hundred and four dollars and costs; but with a stay of all further proceedings until the further disposition of the case, and which remains yet undetermined. To this plea the plaintiff demurred. And the Court sustained the demurrer, and gave judgment for the plaintiff for six hundred and...
Page 500 - AB as for his costs and charges by him, about his suit in that behalf expended...
Page 277 - Every law that alters the legal rules of evidence and receives less or different testimony than the law required at the time of the commission of the offense, in order to convict the offender.
Page 319 - The reason of the decision in these cases is," as is observed by the learned editor, " that where a person has received a part of the consideration for which he entered into the agreement, it would be unjust that, because he had not had the whole, he should therefore be permitted to enjoy that part without either paying or doing anything for it.
Page 52 - At law it has been held that upon non est factum the defendant may give in evidence that they made him sign the bond when he was so drunk that he did not know what he did.
Page 194 - The navigable waters leading into the Mississippi and St Lawrence, and the carrying places between the same, shall be common highways and forever free, as well to the inhabitants of the said Territory as to the citizens of the United States and those of any other States that may be admitted into the Confederacy, without any tax, impost, or duty therefor.
Page 75 - The operations of a bank require diligence, with fitness and capacity, as well as honesty, in its cashier; and the security for the faithful discharge of his duties would be utterly illusory if we were to narrow down its import to a guaranty against personal fraud only.