 | Georgia. Supreme Court - Equity - 1883 - 926 pages
...allegations of facts in this writ that show "there was some actual or threatened exercise of power, by the party exacting or receiving the payment, over the person or property of plaintiff, from which he had no other immediate means of relief?" We see none. The writ must be construed... | |
 | Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - Law reports, digests, etc - 1885 - 734 pages
...making it may anticipate seizure of goods : Vicksburg v. Butler 56 Miss. 72 ; though there must be actual or threatened exercise of power, possessed or believed to be possessed, by the person exacting or receiving the payment, on the person or property of another, for which the other... | |
 | Isaac Grant Thompson - Law reports, digests, etc - 1875 - 840 pages
...said in general that there must be some actual or threatened exercise of power possessed, or supposed to be possessed, by the party exacting or receiving the payment over the person or property of the party making the payment, from which the latter has no other means of imme. diate relief than by... | |
 | Electronic journals - 1878 - 542 pages
...coercion or duress which will be regarded as sufficient to make a payment involuntary, there must be some actual or threatened exercise of power possessed...means of immediate relief than by making the payment. As stated by the Court of Appeals of Maryland, as a doctrine established by the authorities, " a payment... | |
 | Law - 1878 - 442 pages
...duress which will be regarded as sufficient to make a payment involuntary there must be some actual and threatened exercise of power possessed or believed...property of another, from which the latter has no other immediate means of relief than by making payment. A payment is not to be regarded as compulsory unless... | |
 | United States. Supreme Court - Law reports, digests, etc - 1878 - 858 pages
...cotton as made in money, goods being taken as equivalent for a part of the amount, — there must be some actual or threatened exercise of power possessed,...possessed, by the party exacting or receiving the paymont over the person or property of another, from which the latter has no other means of immediate... | |
 | William Wait - Actions and defenses - 1879 - 1002 pages
...coercion which will render a payment involuntary must consist of some actual or threatened exercise of a power possessed, or believed to be possessed by the party exacting or receiving payment, over the person or property of another from which the latter has no other means of immediate... | |
 | Nathaniel Cleveland Moak - Law reports, digests, etc - 1880 - 914 pages
...London and North Western Railway Co. v. Evershed. 1878 render a payment involuntary must consist of some actual or threatened exercise of power possessed,...no other means of immediate relief than by making payment : Kadich v. Hutchins, 05 US R~, 210. In order to constitute digress of the person, the threat... | |
 | Law reports, digests, etc - 1904 - 1148 pages
...a part of the amountthere must be some actual or threatened exercise of power possessed, or beHeved to be possessed, by the party exacting or receiving...person or property of another, from which the latter h;is no other means of Immediate relief than by making the payment. As stated by the Court of Appeals... | |
 | Law reports, digests, etc - 1907 - 2094 pages
...any coercion by the tetnal and threatened exercise of power possessed, or supposed to be pos~?*>=ed-, by the party exacting or receiving the payment, over the person or ;r.:>perty of the party making the payment, from which the latter has no r.tlier means of immediate... | |
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... there must be some actual or threatened exercise of power possessed, or believed to be possessed, by the party exacting or receiving the payment over the person or property of another, from which the latter has no other means of immediate relief than... 
