Treatise on the Civil and Criminal Jurisdiction of Justices of the Peace and Duties of Sheriffs and Constables: Especially Adapted to the Pacific States and TerritoriesA.L. Bancroft and Company, 1870 - 850 páginas |
Dentro del libro
Resultados 1-5 de 55
Página 46
... object of the contract is the doing or the not doing of the particular thing mentioned . The practical result is the only end aimed at by the parties , and the obligation of the contract is the vital binding element that secures this ...
... object of the contract is the doing or the not doing of the particular thing mentioned . The practical result is the only end aimed at by the parties , and the obligation of the contract is the vital binding element that secures this ...
Página 53
... object is to enforce a legal right , and the parties are actuated by no improper motive , the agreement will be valid " If , " said the court of appeals of South Carolina , in Jameison vs. Cal- houn ( 2 Speers , 19 ) , " one man promise ...
... object is to enforce a legal right , and the parties are actuated by no improper motive , the agreement will be valid " If , " said the court of appeals of South Carolina , in Jameison vs. Cal- houn ( 2 Speers , 19 ) , " one man promise ...
Página 57
... object to such a meretricious exercise of power . If the public time and the authority of the law were thus at the mercy of litigants , the sense of dignity and obligation to the laws from which the court derives its powers would con ...
... object to such a meretricious exercise of power . If the public time and the authority of the law were thus at the mercy of litigants , the sense of dignity and obligation to the laws from which the court derives its powers would con ...
Página 62
... objects of the contract , and thus have influ- enced the sale had such failure been anticipated . 15 Cal . 256 .. Thus , a sale of nine slaves for a gross sum is an entire contract . There being no means afforded for determining the ...
... objects of the contract , and thus have influ- enced the sale had such failure been anticipated . 15 Cal . 256 .. Thus , a sale of nine slaves for a gross sum is an entire contract . There being no means afforded for determining the ...
Página 64
... object is to attain the meaning of the parties ; and this mean- ing is to be gathered from the language which they have employed , the subject to which it applies , the nature of the transaction and surrounding circumstances . 16 Cal ...
... object is to attain the meaning of the parties ; and this mean- ing is to be gathered from the language which they have employed , the subject to which it applies , the nature of the transaction and surrounding circumstances . 16 Cal ...
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Otras ediciones - Ver todas
Treatise on the Civil and Criminal Jurisdiction of Justices of the Peace and ... Charles W. Langdon Sin vista previa disponible - 2017 |
Treatise on the Civil and Criminal Jurisdiction of Justices of the Peace and ... Charles W. Langdon Sin vista previa disponible - 2017 |
Términos y frases comunes
9 Cal affidavit agent alleged amount answer appear apply arrest assignment attachment attorney authority bail bill bill of exchange bill of lading bond cause of action certificate certiorari CHAPTER charge common carrier common law complaint constable contract county court creditors damages debt debtor defendant delivered delivery demand deposition discharge entitled estoppel evidence execution fact filed fraud held hundred dollars indorser injury interest issued judge judgment jurisdiction juror jury justice justice's court land levy liable lien magistrate ment mining claim mortgage notice offense officer owner paid partnership party payable payment peace personal property plaintiff pleadings possession proceedings promise promissory note purchaser record recover replevin rule sheriff statute statute of frauds sufficient suit summons sureties therein thereof tion township trial undertaking unless verdict void warrant Wend witness writ writ of attachment
Pasajes populares
Página 623 - The court may determine any controversy between parties before it, when it can be done without prejudice to the rights of others, or by saving their rights; but when a complete determination of the controversy cannot be had without the presence of other parties, the court must then order them to be brought in...
Página 382 - ... to the effect that they are bound in double the value of the property, as stated in the affidavit of the plaintiff, for the delivery thereof to the plaintiff, if such delivery be adjudged, and for the payment to him of such sum as may, for any cause, be recovered against the defendant.
Página 489 - Every sale made by a vendor, of goods and chattels in his possession or under his control, and every assignment of goods and chattels, unless the same be accompanied by an immediate delivery and be followed by an actual and continued change of possession...
Página 606 - Anything which is injurious to health, or is indecent, or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property...
Página 820 - When new evidence is discovered material to the defendant, and which he could not, with reasonable diligence, have discovered and produced at the trial.
Página 57 - The principle of public policy is this: Ex dolo malo non oritur actio. No court will lend its aid to a man who founds his cause of action upon an immoral or an illegal act.
Página 57 - For no country ever takes notice of the revenue laws of another. " <The objection, that a contract is immoral or illegal as between plaintiff and defendant, sounds at all times very ill in the mouth of the defendant. It is not for his sake, however, that the objection is ever allowed; but it is founded in general principles of policy, which the defendant has the advantage of, contrary to the real justice, as between him and the plaintiff, by accident, if I may so say. The principle of public policy...
Página 276 - All persons having in their possession or under their control any credits or other personal property belonging to the defendant, or owing any debts to the defendant at the time of service upon them of a copy of the writ and notice, as provided in...
Página 546 - In an action brought to recover a balance due upon a mutual, open and current, account where there have been reciprocal demands between the parties, the cause of action shall be deemed to have accrued from the time of the last item proved in the account on either side.
Página 649 - If the amendment be made after the joining of the issue, and it be made to appear to the satisfaction of the court, by oath, that an adjournment is necessary to the adverse party in consequence of such amendment, an adjournment shall be granted.