The American and English Encyclopedia of Law, Volume 21John Houston Merrill, Thomas Johnson Michie, Charles Frederic Williams, David Shephard Garland E. Thompson, 1893 - Law |
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Common terms and phrases
accept administrator admissible agreement alleged Allen Mass appear assumpsit Bank Barb bill of lading Blatchf bona fide purchaser bond breach buyer cause of action claim Conn contract of sale court court of equity creditor Cush damages decree defendant delivered delivery Dict duty equity estoppel evidence Exch executor fact fraud fraudulent Gray Mass ground held Iowa issue Jones judgment jurisdiction jury letters of administration letters testamentary liable lien lumber matter ment Minn Moak's Rep N. J. Eq notice offer Ohio St owner paid party payment person plaintiff pleadings possession probate purchaser question recover refusal rendered replevin res gesta res judicata rescind rescission robbery rule Sales 6th sell seller Smith sold statute sufficient suit Tenn tion tract vendee vendor Wend
Popular passages
Page 195 - It is a finality as to the claim or demand in controversy, concluding parties and those in privity with them, not only as to every matter which was offered and received to sustain or defeat the claim or demand, but as to any other admissible matter which might have been offered for that purpose...
Page 260 - Where a court has jurisdiction, it has a right to decide every question which occurs in the cause; and whether its decision be correct or otherwise, its judgment, until reversed, is regarded as binding in every other court. But if it act without authority, its judgments and orders are regarded as nullities. They are not voidable, but simply void ; and form no bar to a recovery sought, even prior to a reversal, in opposition to them.
Page 223 - ... defendant never had knowledge of the suit, being kept in ignorance by the acts of the plaintiff; or where an attorney fraudulently or without authority assumes to represent a party and connives at his defeat ; or where the attorney regularly employed corruptly sells out his client's interest to the other side, — these, and similar cases which show that there has never been a real contest in the trial or hearing of the case, are reasons for which a new suit may be sustained to set aside and...
Page 623 - ... such as may fairly and reasonably be considered either arising naturally, ie according to the usual course of things, from such breach of contract itself, or such as may reasonably be supposed to have been in the contemplation of both parties, at the time they made the contract, as the probable result of the breach of it.
Page 191 - it is undoubtedly settled law that a judgment of a court of competent jurisdiction upon a question directly involved in one suit is conclusive as to that question in another suit between the same parties. But to this operation of the judgment it must appear, either upon the face of the record or be shown by extrinsic evidence, that the precise question was raised and determined in the former suit.
Page 408 - A riot is 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 137 - Parliament assembled, and by the authority of the same, that whensoever the death of a person shall be caused by wrongful act, neglect, or default, and the act, neglect, or default is such as would (if death had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof...
Page 259 - The power to hear and determine a cause is jurisdiction. It is coram judice whenever a case is presented which brings this power into action. If the petitioner states such a case in his petition that on a demurrer the court would render judgment in his favor, it is an undoubted case of jurisdiction.
Page 123 - It is the place where one remains when not called elsewhere for labor or other special or temporary purpose, and to which he returns in seasons of repose; 2.
Page 128 - From the variety of cases relative to judgments being given in evidence in civil suits, these two deductions seem to follow as generally true: first, that the judgment of a court of concurrent jurisdiction, directly upon the point, is as a plea, a bar, or as evidence, conclusive, between the same parties, upon the same matter, directly in question in another court...