Digest of the Decisions of the Courts of Common Law and Admiralty in the United States, Volume 1Little & Brown, 1860 - Law reports, digests, etc |
Contents
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Common terms and phrases
11 Mass accord and satisfaction affidavit afterwards agreed agreement Aliter alleged amend amount appeal appeal bond arbitrators arrest assignment assignor assumpsit attachment attorney aver award bail bond Bank bill Binn bond Brown Caines cause of action certiorari claim common law common pleas Commonwealth Conn contract costs Cranch creditor Dall damages debt debtor declaration decree deed defendant defendant's delivered demand demurrer discharge entered entitled error evidence execution filed garnishee Greenl Halst Hamp Hayw held indorsed issue Johns judgment jurisdiction jury justice land liable M'Cord ment Monr Munf notice obligor officer paid party payment Pick plaintiff plea in abatement pleaded proceedings promise received recover back reference rule scire facias sheriff Smith South Carolina statute submission sufficient suit supreme court surety term thereof tion trial trustees ubi sup unless verdict Verm void Wend Wheat writ Yeates Yerg
Popular passages
Page 15 - States are plaintiffs or petitioners, or (2) an alien is a party, or (3) the suit is between a citizen of the state where the suit is brought, and a citizen of another state.
Page 176 - Verdict for the plaintiff on the first issue, and for the defendant on the two last; and on the first a general judgment was entered in BR against the defendant de bonis propriis.
Page 310 - State court upon the petition of the sheriff to show cause why an attachment should not Issue against him for contempt of...
Page 130 - ... an act for the relief of debtors, with respect to the imprisonment of their persons.
Page 105 - Rep. 258, it was decided, that where a contract grows immediately out of, and is connected with an illegal or immoral act, a court of justice will not lend its aid to enforce it.
Page 104 - But where the parties treat upon the basis that the fact which is the subject of the agreement is doubtful, and the consequent risk each is to encounter is taken into consideration in the stipulations assented to, the contract will be valid notwithstanding any mistake of one of the parties...
Page 110 - It may be defined to be a transaction between two or more persons, in which each party comes under an obligation to the other, and each reciprocally acquires a right to whatever is promised by the other (Powell on Contr.
Page 148 - ACTION for money paid by the plaintiff to the use of the defendant, and for money had and received by the defendant to the use of the plaintiff.
Page 267 - The whole extent of the doctrine, as gathered from the books, seems to be that one whose goods have been taken from him or detained unlawfully, whereby he has a right to an action of trespass or trover, may, if the wrongdoer sell the goods and receive the money, waive the tort, affirm the sale, and have an action for money had and received for the proceeds.
Page 261 - An act to secure to creditors a just division of the estate of debtors who convey to assignees for the benefit of creditors...