The American Jurist, Volume 11Freeman & Bolles, 1834 - Law |
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Page 16
... replevin , he shall be , thereby , exonerated , unless the principal and stayer become insolvent . Here the necessity never arises of subrogating the surety to the rights of the creditor against the stayer , because Principal and Surety ...
... replevin , he shall be , thereby , exonerated , unless the principal and stayer become insolvent . Here the necessity never arises of subrogating the surety to the rights of the creditor against the stayer , because Principal and Surety ...
Page 145
... REPLEVIN ; TRESPASS . DEBTOR AND CREDITOR . See APPLICATION OF PAY- MENTS . DEBTORS , JOINT . 1. ( Judgment against those not appearing . ) An action of debt on judgment lies against a defendant not brought into court , where , in a ...
... REPLEVIN ; TRESPASS . DEBTOR AND CREDITOR . See APPLICATION OF PAY- MENTS . DEBTORS , JOINT . 1. ( Judgment against those not appearing . ) An action of debt on judgment lies against a defendant not brought into court , where , in a ...
Page 170
... replevin . Calvin v . La Farge and Spallsbury , 6 Wend . 505 . 2. ( Amendment . ) A declaration was permitted to be amended by adding a count setting forth a special agreement , nine years after the commencement of the suit , and after ...
... replevin . Calvin v . La Farge and Spallsbury , 6 Wend . 505 . 2. ( Amendment . ) A declaration was permitted to be amended by adding a count setting forth a special agreement , nine years after the commencement of the suit , and after ...
Page 174
... replevin had been struck off upon the motion of the plaintiff , and in an action upon which the replevin bond had been instituted , the defendants , ( the plain- tiff in replevin and his securities ) suffered judgment to go by default ...
... replevin had been struck off upon the motion of the plaintiff , and in an action upon which the replevin bond had been instituted , the defendants , ( the plain- tiff in replevin and his securities ) suffered judgment to go by default ...
Page 207
... replevin before any justice of the peace or before the judge of the Municipal Court of Portland , the original writ , execution and all other processes may be directed to the officers of any adjoining county , who are authorized to ...
... replevin before any justice of the peace or before the judge of the Municipal Court of Portland , the original writ , execution and all other processes may be directed to the officers of any adjoining county , who are authorized to ...
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Common terms and phrases
11 Pick act was passed action alleged appear applied arrest assignment assumpsit authority bill bond chancery charge citizens claim common law Company condition conflict of laws constitution contract corporation court court of equity covenant creditor debt debtor decision declaration deed defendant discharge doctrine domicil election entitled equity evidence execution executors fact feme covert foreign fraud Froland Gill & Johns give given grant grantor Habeas Corpus held imprisonment incorporated insolvent Insurance interest issue judge judgment jurisdiction jurisprudence jurists jury justice land legislature liable limitations marriage ment mortgage officer opinion paid party payment person plaintiff plea pleaded possession principles promissory note purchaser question replevin rule says sold statute statute of frauds statute of limitations suit surety term testator thereof tion trespass trustee United valid vendor verdict void Wend witness writ
Popular passages
Page 10 - no action shall be brought whereby to charge any executor or administrator upon any special promise to answer damages out of his own estate ; or whereby to charge the defendant upon any special promise to answer for the debt, default, or miscarriage of another person...
Page 237 - State; provided that the right hereby declared and established shall not be so construed as to excuse acts of licentiousness, or to justify practices inconsistent with the peace and safety of the State.
Page 253 - State, by a solemn public act, shall declare the assent of the said State to the said fundamental condition, and shall transmit to the President of the United States on or before the fourth Monday in November next an authentic copy of the said act; upon the receipt whereof the President, by proclamation, shall announce the fact; whereupon, and without any further proceeding on the part of Congress, the admission of the said State into this Union shall be considered as complete.
Page 376 - The true foundation on which the administration of international law must rest is that the rules which are to govern are those which arise from mutual interest and utility, from a sense of the inconveniences which would result from a contrary doctrine, and from a sort of moral necessity to do justice in order that justice may be done to us in return.
Page 253 - State government, and to assume such name as they shall deem proper; and the said State, when formed, shall be admitted into the Union, upon an equal footing with the original States, in all respects whatsoever.
Page 238 - That the person of a debtor, where there is not strong presumption of fraud shall not be continued in prison after delivering up his estate for the benefit of his creditors in such manner as shall be prescribed by law.
Page 215 - Every mortgage so filed shall cease to be valid as against the creditors of the person making the same, or against subsequent purchasers or mortgagees in good faith, after the expiration of one year from the filing thereof, unless, within thirty days next preceding the expiration of each and every term of one year...
Page 253 - It shall be their duty, as soon as may be, to pass such laws as may be necessary, First. To prevent free negroes and mulattoes from coming to and settling in this state under any pretext whatsoever ; and, Second.
Page 133 - In other words, as the cases universally hold, a statute specifying a time within which a public officer is to perform an official act regarding: the rights and duties of others is directory...
Page 233 - Mr. Justice Story, in his Commentaries on the Constitution of the United States, Vol. II., pp. 429-440, and again pp. 519-538, has stated at large the arguments for and against the proposition that Congress have a constitutional authority to lay taxes and to apply the power to regulate commerce as a means directly to encourage and protect domestic manufactures ; and without...