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Page 281 - In order, however, that any such instrument when completed may be enforced against any person who became a party thereto prior to its completion, it must be filled up strictly in accordance with the authority given and within a reasonable time. But if any such instrument, after completion, is negotiated to a holder in due course, it is valid and effectual for all purposes in his hands, and he may enforce it as if it had been filled up strictly in accordance with the authority given and within a reasonable...
Page 295 - Provided that, Where a bill has been materially altered, but the alteration is not apparent, and the bill is in the hands of a holder in due course, such holder may avail himself of the bill as if it had not been altered, and may enforce payment of it according to its original tenor.
Page 498 - ARBITRATION.— Russell's Treatise on the Duty and Power of an Arbitrator, and the La"w of Submissions and Awards ; with an Appendix of Forms, and of the Statutes relating to Arbitration. By FRANCIS RUSSELL, Esq., MA, Barrister-at-Law.
Page 4 - Palmer's Company Precedents. — For use in relation to Companies subject to the Companies' Acts, 1862 to 1880. Arranged as follows : — Agreements, Memoranda and Articles of Association, Prospectus, Resolutions, Notices, Certificates, Debentures, Petitions, Orders, Reconstruction, Amalgamation, Arrangements, Private Acts.
Page 289 - ... whenever one of two innocent persons must suffer by the act of a third, he who has enabled such third person to occasion the loss must sustain it.
Page 424 - ... like all other acts of the highest judicial authority, it is impeachable from without: although it is not permitted to show that the court was mistaken, it may be shown that they were misled. Fraud is an extrinsic, collateral act ; which vitiates the most solemn proceedings of courts of justice. Lord Coke says, it avoids all judicial acts, ecclesiastical or temporal.
Page 45 - It is undoubted law that the rule for jurisdiction is that nothing* shall be intended to be out of the jurisdiction of a superior Court but that which specially appears to be so...
Page 120 - It is in one way only that the sentence or judgment of a court of a foreign state Is examinable In our courts, and that is when the party who claims the benefit of It applies to our courts to enforce it. When It Is thus voluntarily submitted to our jurisdiction, we treat it, not as obligatory to the extent to which it would be obligatory, perhaps, in the country In which it was pronounced, nor as obligatory to the extent to which, by our law, sentences and judgments are obligatory, not as conclusive,...
Page 63 - The plea of res judicata applies, except in special cases, not only to points upon which the Court was actually required by the parties to form an opinion and pronounce a judgment, but to every point which properly belonged to the subject of litigation, and which the parties, exercising reasonable diligence, might have brought forward at the time.
Page 16 - Haynes' Student's Leading Cases. Being some of the Principal Decisions of the Courts in Constitutional Law, Common Law, Conveyancing and Equity, Probate, Divorce, Bankruptcy, and Criminal Law. With Notes for the use of Students. By JOHN F. HAYNES, LL.D., Author of "The Practice of the Chancery Division of the High Court of Justice," "The Student's Statutes," &c. Demy 8vo. 1878. 16. " Will prove of great utility, not only to Students, but Practitioners. The Notes are clear, pointed and concise."—...

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