Reports of Cases Tried and Determined at Nisi Prius, in the Circuit Courts of the State of Michigan, Volume 2Telegraph Printing Company Book-Office, 1871 - Law reports, digests, etc |
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Page 19
... injunction may be dissolved where the answer , though not denying specifically the allega tions of the bill , sets up matters which if true , are deemed a sufficient avoidance . On a motion to dissolve an injunction , where the answer ...
... injunction may be dissolved where the answer , though not denying specifically the allega tions of the bill , sets up matters which if true , are deemed a sufficient avoidance . On a motion to dissolve an injunction , where the answer ...
Page 20
... urged to this defence , on this motion , is that it is matter in avoidance . Though it has sometimes been held that an injunction will not VAN DER BROOKS v . CURRIER . be dissolved upon 20 MICHIGAN NISI PRIUS CASES .
... urged to this defence , on this motion , is that it is matter in avoidance . Though it has sometimes been held that an injunction will not VAN DER BROOKS v . CURRIER . be dissolved upon 20 MICHIGAN NISI PRIUS CASES .
Page 21
... injunction may be dissolved in the discretion of the Court , on such a defence being set up . See Florence vs. vs Bates , 2 Code R. 110 ; Opinion by Mason , J. cited at length in 1 Wat . , Eden on Inj . , p . 133 and note 1. A defendant ...
... injunction may be dissolved in the discretion of the Court , on such a defence being set up . See Florence vs. vs Bates , 2 Code R. 110 ; Opinion by Mason , J. cited at length in 1 Wat . , Eden on Inj . , p . 133 and note 1. A defendant ...
Page 24
... injunction before the legal right has been established at law . Hart vs. The Mayor , & c . , of Albany , 3 Paige , 213 ; 3 Myl . Keen , 169 ; 1 Id . , 185 ; 3 Atk . , 391 ; Van Bergen vs. Van Ber- gen , 3 Johu . Ch . R. , 282 ; Reed vs ...
... injunction before the legal right has been established at law . Hart vs. The Mayor , & c . , of Albany , 3 Paige , 213 ; 3 Myl . Keen , 169 ; 1 Id . , 185 ; 3 Atk . , 391 ; Van Bergen vs. Van Ber- gen , 3 Johu . Ch . R. , 282 ; Reed vs ...
Page 27
... injunction may be granted to prevent the husband from disposing of his property , where it appears necessary in order to secure alimony to the wife . And third parties may be re- strained from disposing of property claimed by them where ...
... injunction may be granted to prevent the husband from disposing of his property , where it appears necessary in order to secure alimony to the wife . And third parties may be re- strained from disposing of property claimed by them where ...
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action affidavit alleged allowed amended amount answer appear application assignment attorney authority bill bond brought cause charge Circuit Circuit Court circumstances claimed commenced Commissioner common complainant consideration considered Constitution contract costs counsel Court damages debt deed defendant denied determine effect entered entitled equity error evidence execution facts filed further give given granted ground Held injunction intended interest issue Judge judgment jurisdiction jury Justice land matter Michigan mortgage motion necessary notice objection obtained officer Opinion paid party payment person plaintiff pleadings possession premises present proceedings proof prove provides purchase question reason received record recover referred refused relation rendered residence reversed rule served signed statute sufficient suit taken term testimony tion trial unless verdict void witness writ
Popular passages
Page 215 - And the said records and judicial proceedings authenticated as aforesaid, shall have such faith and credit given to them in every court within the United States, as they have by law or usage in the courts of the state from whence the said records are or shall be taken.
Page 215 - The records and judicial proceedings of the. courts of any State or Territory, or of any such country, shall be proved or admitted in any other court within the United States, by the attestation of the clerk and the seal of the court annexed, if there be a seal, together with the certificate of the judge, chief justice, or presiding magistrate, that the said attestation is in due form.
Page 7 - Act of 1 867, is much broader in its terms, and provides that where a suit is now pending, or may hereafter be brought in any State Court in which there is a controversy between a citizen of the State in which the suit is brought and a citizen of another State, and the matter in dispute exceeds the sum of five hundred dollars, exclusive of costs, such citizen of another State, whether he be plaintiff or defendant, if he will Peters and child ts.
Page 7 - ... that he has reason to and does believe that, from prejudice or local influence, he will not be able to obtain justice in such state court...
Page 100 - The eminent domain is the rightful authority which exists in every sovereignty to control and regulate those rights of a public nature which pertain to its citizens in common, and to appropriate and control individual property for the public benefit, as the public safety, necessity, convenience and welfare may demand.
Page 100 - But if the public interest can be in any way promoted by the taking of private property, it must rest in the wisdom of the legislature to determine whether the benefit to the public will be of sufficient importance to render it expedient for them to exercise the right of eminent domain, and to authorize an interference with the private rights of individuals for that purpose (2 Kent's Com.
Page 7 - And where a suit is now pending, or may be hereafter brought in any state court in which there is a controversy between a citizen of the state in which the suit is brought, and a citizen of another state...
Page 101 - When private property is taken for the use or benefit of the public the necessity for using such property, and the just compensation to be made therefor, except when to be made by the State, shall be ascertained by a jury of twelve freeholders, residing in the vicinity of such property, or by not less than three commissioners, appointed by a court of record, as shall be prescribed by law...
Page 2 - The degrees of kindred shall be computed according to the rule of the civil law; and kindred of the half blood shall inherit equally with those of the whole blood, in the same degree, unless the inheritance came to the intestate by descent, devise or gift of some one of his ancestors, in which case all those who are not of the blood of such ancestor shall be excluded from such inheritance.
Page 230 - ... notice of facts which impeach its validity between the antecedent parties, if he takes it under an indorsement made before the same becomes due, holds the title unaffected by these facts, and may recover thereon, although, as between the antecedent parties, the transaction may be without any legal validity.