The American Jurist, Volume 9Freeman & Bolles, 1833 - Law |
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Page 17
... payment supposes a debt ; what is paid without be- ing due is subject to repetition . The recovery back is not permitted in regard to natural obligations , which have been discharged . ' The legislature does not undertake to give a ...
... payment supposes a debt ; what is paid without be- ing due is subject to repetition . The recovery back is not permitted in regard to natural obligations , which have been discharged . ' The legislature does not undertake to give a ...
Page 19
... pay it from a consciousness that the judgment which has discharged him is unjust , and thus the natural obligation ... payment be made by the debtor before he knows of the judgment in his favor , the posture of the case will be some ...
... pay it from a consciousness that the judgment which has discharged him is unjust , and thus the natural obligation ... payment be made by the debtor before he knows of the judgment in his favor , the posture of the case will be some ...
Page 20
... payment made during the pendency of a suit , and it could with no more certainty be inferred that the payment was an acknow- ledgement of the debt in one case than in the other . But a payment while a suit is pending may be recovered ...
... payment made during the pendency of a suit , and it could with no more certainty be inferred that the payment was an acknow- ledgement of the debt in one case than in the other . But a payment while a suit is pending may be recovered ...
Page 21
... payment to this debt , and it would not be presumed to be a payment under the marriage articles which had been misinterpreted . 11 Toull . 29 . It would be easy to multiply examples , but those we have given are sufficient for our ...
... payment to this debt , and it would not be presumed to be a payment under the marriage articles which had been misinterpreted . 11 Toull . 29 . It would be easy to multiply examples , but those we have given are sufficient for our ...
Page 44
... pay him , it seems from Innes v . Dunlop , 8 D. & E. 595 , ( and divers other analogous cases ) that assumpsit would be ... payment of money , ( 1 Lil . Ab . 346 ) though this remedy is seldom adopted in such a case , and is never neces ...
... pay him , it seems from Innes v . Dunlop , 8 D. & E. 595 , ( and divers other analogous cases ) that assumpsit would be ... payment of money , ( 1 Lil . Ab . 346 ) though this remedy is seldom adopted in such a case , and is never neces ...
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action administration adverse possession appear argument articles of confederation assignment assumpsit attachment attorney authority auxiliary end bill bond cause charge charter citizen claim colonies common law compact confederation congress consent constitution contempt contract conveyance court covenant creditors debt debtor declaration deed defendant doctrine entitled estoppel evidence execution executor exercise facts feme covert Greenleaf heirs held impeachment interest issue Judge Peck judgment judicial jury justice land Lawless legislation legislature liable lien marriage ment mortgage nature object offence opinion paid party payment Penn person plaintiff plea pleading possession principles proceedings promissory note proof prove punishment purchaser question recover respect rule scire facias seal sheriff statute statute of limitations suit surety tenant testator tion trial trial by jury trustee United Vermont Wend whole witness writ
Popular passages
Page 270 - ... the greatest interest of every true American, the consolidation of our Union, in which is involved our prosperity, felicity, safety, perhaps our national existence. This important consideration, seriously and deeply impressed on our minds, led each state in the Convention to be less rigid on points of inferior magnitude, than might have been otherwise expected...
Page 278 - As the ends of such a partnership cannot be obtained in many generations, it becomes a partnership not only between those who are living, but between those who are living, those who are dead, and those who are to be born.
Page 278 - It is a partnership in all science, a partnership in all art, a partnership in every virtue, and in all perfection.
Page 441 - ... to compel the discovery of any property or thing in action, belonging to the defendant, and of any property, money, or thing in action, due to him, or held in trust for him...
Page 278 - It is the first and supreme necessity only, a necessity that is not chosen but chooses, a necessity paramount to deliberation, that admits no discussion and demands no evidence, which alone can justify a resort to anarchy.
Page 274 - ... this compact was not made the exclusive or final judge of the extent of the powers delegated to itself; since that would have made its discretion, and not the constitution, the measure of its powers; but that as in all other cases of compact among parties having no common judge, each party has an equal right to judge for itself, as well of infractions as of the mode and measure of redress.
Page 251 - Britain; and that the King's Majesty, by and with the advice and consent of the Lords spiritual and temporal and Commons of Great Britain in Parliament assembled, had, hath and of right ought to have, full power and authority to make laws and statutes of sufficient force and validity to bind the colonies and people of America, subjects of the Crown of Great Britain in all cases whatsoever.
Page 340 - ... such power to punish contempts shall not be construed to extend to any cases except the misbehavior of any person in their presence, or so near thereto as to obstruct the administration of justice...
Page 274 - That to this compact each State acceded as a State, and is an integral party, its co-States forming, as to itself, the other party : That the government created by this compact was not made the exclusive or final judge of the extent of the powers delegated to itself...
Page 267 - ... be preserved entire without endangering the stability of the general confederacy ; to remind them how indispensably necessary it is to establish the Federal Union on a fixed and permanent basis, and on principles acceptable to all its respective members...