The American State Reports: Containing the Cases of General Value and Authority Subsequent to Those Contained in the "American Decisions" [1760-1869] and the "American Reports" [1869-1887] Decided in the Courts of Last Resort of the Several States [1886-1911], Volume 85Abraham Clark Freeman Bancroft-Whitney Company, 1902 - Law reports, digests, etc |
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Page 53
... ACTIONS - PARTIES . - Under a statute providing that an action must be in the name of the real party in interest , an action by a trustee is in the name of such party , if he is entitled to the money and can discharge the debtor ...
... ACTIONS - PARTIES . - Under a statute providing that an action must be in the name of the real party in interest , an action by a trustee is in the name of such party , if he is entitled to the money and can discharge the debtor ...
Page 169
... action was barred by the judgment in a previous action , which was brought by plaintiff against the defendants on the note and mortgage sued on in this present action ; but all that appears on this subject is , that on motion . of the ...
... action was barred by the judgment in a previous action , which was brought by plaintiff against the defendants on the note and mortgage sued on in this present action ; but all that appears on this subject is , that on motion . of the ...
Page 170
... action which he afterward dismissed ; and it was held that he could waive his option , even after having thus exercised it , and that , as against a subsequent action , the statute of limita- tions did not commence to run from the time ...
... action which he afterward dismissed ; and it was held that he could waive his option , even after having thus exercised it , and that , as against a subsequent action , the statute of limita- tions did not commence to run from the time ...
Page 215
... action can be brought under it in the state courts . ( p . 216. ) SHIPPING . - MARITIME CONTRACTS HAVE REFERENCE TO NAVIGATION upon the sea , and in some way to vessels actually being used in commerce or in navigation . ( p . 216 ...
... action can be brought under it in the state courts . ( p . 216. ) SHIPPING . - MARITIME CONTRACTS HAVE REFERENCE TO NAVIGATION upon the sea , and in some way to vessels actually being used in commerce or in navigation . ( p . 216 ...
Page 219
... action in rem and an action in personam is indicated by the two phrases . One is against the thing as the defendant , and the judgment is that the thing is indebted ; and , furthermore , the res is taken possession of and held by the ...
... action in rem and an action in personam is indicated by the two phrases . One is against the thing as the defendant , and the judgment is that the thing is indebted ; and , furthermore , the res is taken possession of and held by the ...
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Common terms and phrases
adverse possession agent alleged amount appellant appellee applied authority Bank cause of action charge cited claim common carrier common law complaint constitution contract court of equity creditors damages debt decision deed defendant defendant's demurrer discharge dollars domicile duty enforced entitled equity evidence execution executor fact foreign corporation fraud held husband injury intent interest judge judgment jurisdiction jury land legislative legislature liable lien ment Minn monographic note mortgage municipal N. Y. Supp negligence nulla bona opinion owner paid parties payment person plaintiff possession proceedings purchaser purpose question R. R. Co railroad reason received recover replevin rule service of process statute statute of limitations suit sustained thereof tion trademark trial trust usurious valid void wife words
Popular passages
Page 841 - ... in every such action the jury may give such damages as they may think proportioned to the injury resulting from such death to the parties respectively for whom and for whose benefit such action shall be brought...
Page 536 - The taking, receiving, reserving, or charging a rate of interest greater than is allowed by the preceding section, when knowingly done, shall be deemed a forfeiture of the entire interest which the note, bill, or other evidence of debt carries with it, or which has been agreed to be paid thereon.
Page 841 - 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 126 - THIS INDENTURE, made this day of , in the year One thousand, nine hundred and , between of , the party of the first part...
Page 921 - That the Circuit Courts of the United States shall have original cognizance, concurrent with the courts of the several States, of all suits of a civil nature, at common law or in equity, where the matter in dispute exceeds, exclusive of interest and costs, the sum or value of two thousand dollars, and arising under the Constitution or laws of the United States...
Page 158 - All citizens of the United States shall have the same right, in every State and Territory, as is enjoyed by white citizens thereof to inherit, purchase, lease, sell, hold, and convey real and personal property.
Page 534 - In case the greater rate of interest has been paid, the person by whom it has been paid, or his legal representatives, may recover back, in an action in the nature of an action of debt, twice the amount of the interest thus paid from the association taking or receiving the same ; provided such action is commenced within two years from the time the usurious transaction occurred.
Page 226 - No corporation shall engage in any business other than that expressly authorized in its charter, nor shall it take or hold any real estate except such as may be necessary and proper for its legitimate business.
Page 409 - That all levies, judgments, attachments, or other liens, obtained through legal proceedings against a person who is insolvent, at any time within four months prior to the filing of a petition in bankruptcy against him, shall be deemed null and void in case he is adjudged a bankrupt, and the property affected by the levy, judgment, attachment, or other lien shall be deemed wholly discharged and released from the same, and shall pass to the trustee as a part of the estate of the bankrupt...
Page 926 - ... is meant one which, following the forms of law, is appropriate to the case, and just to the parties to be affected. It must be pursued in the ordinary mode prescribed by the law; it must be adapted to the end to be attained; and wherever it is necessary for the protection of the parties, it must give them an opportunity to be heard respecting the justice of the judgment sought.