Reports of Cases at Law and in Chancery Argued and Determined in the Supreme Court of Illinois, Volume 36 |
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Common terms and phrases
action affidavit affirmed agreement Alexander county alleged amount answer appears appellant appellee arbitrators assessment assigned assumpsit authority award Bank bill bond certificate chancery CHIEF JUSTICE WALKER Circuit Court claim Coles county complainant contract costs court erred court of equity creditors damages debt declaration decree deed defendant in error delivered the opinion demurrer dismiss docket dollars Edgar county evidence execution facts favor filed garnishee Gregory homestead instruction interest interpleader issue Judge judgment jurisdiction jury JUSTICE BREESE delivered JUSTICE WALKER delivered Kanouse land Lasater levied lien Marion county ment Messrs Morris County mortgage motion overruled owner paid parties payment person plaintiff in error plea premises presiding proof proved purchase question record recover rendered replevin reversed sell sheriff sheriff's deed Silsbe sold Statement statute suit Syllabus term thereof tion tract trial trustees verdict witness writ of error
Popular passages
Page 440 - KNOW ALL MEN BY THESE PRESENTS: That of , , as principal, and of , as surety — , are held and firmly bound unto the United States of America in the sum of Dollars, lawful money of the United States, for the payment of which, well and truly to be made, we bind ourselves, and each of us, our heirs, successors, executors, administrators or assigns, jointly and severally, firmly by these presents.
Page 293 - that nothing was better established than this principle, that money directed to be employed in the purchase of land, and land directed to be sold and turned into money, are to be considered as that species of property into which they are directed to be converted...
Page 258 - It is the duty of the court to Instruct the jury as to the law of the case, but not to give it in the exact language used.
Page 90 - ... by his contract; and it makes no difference that he is known to the other party to be an auctioneer or broker, who is usually employed in selling property as the agent for others.
Page 274 - The defendant in any action brought upon any contract or agreement, either express or implied, having claims or demands against the plaintiff in such action, may plead the same or give notice thereof under the general issue, or under the plea of payment; and the same, or such part thereof as the defendant shall prove on trial, shall be set off and allowed against the plaintiffs demand, and a verdict shall be given for the balance due.
Page 37 - The notion that seems too much to prevail (and of which the facts in the present case furnish an example), that a party may be utterly regardless of his stipulated payments, and that a court of chancery will, almost at any time, relieve him from the penalty of his gross negligence, is very injurious to good morals, to a lively sense of obligation, to the sanctity of contracts, and to tlu character of this court. It would be against all my impressions of the principles of equity, to help those who...
Page 46 - The rules laid down in respect of the construction of deeds are founded in law, reason and common sense — that they shall operate according to the intention of the parties, if by law they may ; and if they cannot operate in one form, they shall operate in that which by law will effectuate the intention.
Page 45 - And therefore a deed made and intended for a release, may amount to a grant of a reversion, an attornment, or a surrender, or e conrerso ; Shep.
Page 297 - A legacy is defined to be some particular thing or things given or left, either by a testator in his testament wherein an executor is appointed, to be paid or performed by his executor or by an intestate in a codicil or last will, wherein no executor is appointed to be paid or performed by an administrator
Page 90 - ... acting as agent, unless it affirmatively appears that it was the mutual intention of the parties to the contract that the agent should not be bound. With stronger reason, an agent who, without disclosing his agency, enters into contractual relations in his own name with one who is unaware of the agency, binds himself and becomes subject to all liabilities, express and implied, created by the contract and transaction, in like manner as if he were the real principal, although in contracting he...