A Practical Abridgment of American Common Law Cases Argued and Determined in the Courts of the Several States, and the United States Courts, from the Earliest Period to the Present Time: Alphabetically Arranged; with Notes and References to the Statutes of Each State and Analogous Adjudications. Comprising Under the Several Titles a Practical Treatise on the Different Branches of the Common Law, Volume 8
Treadway & Atwood, 1836
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action actual admitted agreement alleged amount answer appeared assignment authority bank bill bound brought called cause charge circumstances claim committed common competent consideration considered contract court creditors custom damages debt decided deed defendant delivered demand devise direct doubt ET AL evidence execution express fact give given grant ground held indictment intention interest issue JACKSON Johns judge judgment jury land liable March Mass master ment N. Y. Rep nature necessary notice objection offered opinion owner paid particular party Penn person Pick plaintiff plea pleaded possession principle proved purchaser question reason received recover refused rule sheriff ship Smith sold statute sufficient suit taken tenant testimony tion trespass trial trover trustee unless usage usury verdict void warranty Wend wife witness
Page 166 - On the contrary, if war be actually levied, that is, if a body of men be actually assembled for the purpose of effecting by force a treasonable purpose, all those who perform any part, however minute, or however remote from the scene of action, and who are actually leagued in the general conspiracy, are to be considered as traitors.
Page 489 - 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 371 - When a great river is the boundary between two nations or states, if the original property is in neither, and there be no convention respecting it, each holds to the middle of the stream.
Page 149 - The question, whether a law be void for its repugnancy to the constitution, is, at all times, a question of much delicacy, which ought seldom, if ever, to be decided in the affirmative in a doubtful case.
Page 3 - riot' is described to be a tumultuous disturbance of the peace by three persons or more, assembling together of their own authority, with an intent mutually to assist one another against any who shall oppose them in the execution of some enterprise of a private nature, and afterwards actually executing the same in a violent and turbulent manner, to the terror of the people, whether the act intended were of itself lawful or unlawful.
Page 292 - London ed. 268), that where the party who applies for a specific performance has omitted to execute his part of the contract by the time appointed for that purpose, without being able to assign any sufficient justification or excuse for his delay ; and when there is nothing in the acts or conduct of the other party that amounts to an acquiescence in that delay, the court will not compel a specific performance.
Page 412 - We may lay it down as an incontrovertible rule that, where an estate is given to a person generally or indefinitely with a power of disposition, it carries a fee, and the only exception to the rule is where the testator gives to the first taker an estate for life only by certain and express words, and annexes to it a power of disposal. In that particular and special case the devisee for life will not take an estate in fee, notwithstanding the distinct and naked gift of a power of disposition of the...
Page 143 - Where a law is plain and unambiguous, whether it be expressed in general or limited terms, the legislature should be intended to mean what they have plainly expressed, and, consequently, no room is left for construction.
Page 453 - You, as grand jurors of this inquest for the body of this county of , do solemnly swear that you will diligently inquire, and true presentment make, of all such matters and things as shall be given you in charge; the commonwealth's counsel, your fellows', and your own, you shall keep secret...