A Treatise on the Law of Evidence: Fifth American, from the Seventh and Eighth London Editions, Volume 3Gould, Banks, 1843 - Evidence (Law) |
From inside the book
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Page 814
... execution of a covenant real , in a suit commenced by the covenantee , and afterwards revived in favor of his heirs , is no bar to a suit brought by the administrator of the covenantee , to recover damages for the breach of such cove ...
... execution of a covenant real , in a suit commenced by the covenantee , and afterwards revived in favor of his heirs , is no bar to a suit brought by the administrator of the covenantee , to recover damages for the breach of such cove ...
Page 817
... execution , the judgment would be evidence to prove the fact of such diligence . ( Id . 215. See post , notes 582 , 3. ) So where the endorsee of a note sued the maker and failed because the consideration was usurious , held that the ...
... execution , the judgment would be evidence to prove the fact of such diligence . ( Id . 215. See post , notes 582 , 3. ) So where the endorsee of a note sued the maker and failed because the consideration was usurious , held that the ...
Page 822
... execution , or a false return . ( 4 Starkie's Ev . 1344. ) And in an action for a malicious prosecution , an ... execution , the judgment upon which the execution issued , though inter alios , is admitted . ( 2 Star- kie's Ev . 189 ...
... execution , or a false return . ( 4 Starkie's Ev . 1344. ) And in an action for a malicious prosecution , an ... execution , the judgment upon which the execution issued , though inter alios , is admitted . ( 2 Star- kie's Ev . 189 ...
Page 823
... execution , the judgment upon which the execution issued is admissible . ( Witmer v . Schlatter , 2 Rawle , 359 , 366 , per Huston , J. Barney v . Patterson's lessee , 6 Har . & Johns . 182. Lovell v . Arnold , 2 Munf . Rep . 167 ...
... execution , the judgment upon which the execution issued is admissible . ( Witmer v . Schlatter , 2 Rawle , 359 , 366 , per Huston , J. Barney v . Patterson's lessee , 6 Har . & Johns . 182. Lovell v . Arnold , 2 Munf . Rep . 167 ...
Page 824
... execution , and so charge the new sheriff for the last escape , or as out of execution , and charge the old sheriff ; and if he makes that election by suing the old sheriff to judgment , such judgment may be used by the new sheriff as a ...
... execution , and so charge the new sheriff for the last escape , or as out of execution , and charge the old sheriff ; and if he makes that election by suing the old sheriff to judgment , such judgment may be used by the new sheriff as a ...
Common terms and phrases
12 Wend action adm'r admissible admitted aliunde ante appear assumpsit attestation authenticated authority award Bank bill Binn Blackf C. C. Rep CALIFORN Carr certificate chancery circumstances cited clerk common law competent conclusive Conn copy court of chancery court of equity Cowen's Rep Cranch declared decree deed defendant delivering the opinion doctrine estoppel ex dem ex'rs execution facie fact former Greenl ground Hamp hand-writing Harr held inadmissible indictment instrument intended issue Jackson John judge judgment jurisdiction jury justice land lessee Litt Lord Ellenborough Mass Massachusetts matter Monroe New-York officer paper parol evidence party patent ambiguity Payne Pennsylvania person Pick plaintiff plea pleaded presumption prima facie probate proceedings proof proved question Rawle record respect rule seal secondary evidence Serg sheriff Smith South Carolina statute subscribing witness suit supra testator testimony tiel tion trial verdict Verm void Yerg