JUDGMENT-continued. under special statutory powers generally, 77, 98-101 See also Foreign Judgment, Judgments in personam, and Judgments in rem. JUDGMENT IN EJECTMENT, in one action, formerly not conclusive in another, 23 necessity for pleading formerly, 393, 394 was not conclusive as to length of period of occupation, 23 value of the land, 23 beyond time laid in demise, 23 JUDGMENTS IN PERSONAM bind parties and privies, 51 in admiralty, no bar to subsequent action in rem, 59 rule for determining whether cause of action is the same or not, 61, 62 to operate as an estoppel, cause of action must be substantially the See also Foreign Judgment, and Judgment. JUDGMENTS IN REM binding on strangers, 2, note («) classification of, 76, 77 criticism of definition of, 107, note (8) definition of, 75, 76 distinction between, and judgments in personam, 157–159 meaning of, in Roman law, 75 need not be pleaded as an estoppel, 399 necessarily be an actual adjudication upon the status of the operation of judgments of ouster, as, 107 sentences of court-martial, as, 103 See also Foreign Judgment, and Judgment. JUDGMENTS OF INFERIOR COURTS are not final, if they involve a question of jurisdiction, 45 effect of, 43, et seq. if an action is brought on them in a superior court, it must be light in which they are regarded, 44 must show, upon their face, that the court had jurisdiction, 44 JUDICATURE ACTS, effect of nonsuits under, 29, 30 jurisdiction of judge to re-hear an order under, 64, note (k). JUDICIAL ACTS done without fraud, protection as to, 50 JUDICIAL CAPACITY, words spoken in, exemption from liability to be sued, 50 JUDICIAL OFFICER cannot be sued for an adjudication, according to the best of his judg- JUDICIAL SEPARATION, petition for, its operation in a subsequent action, 84 JURISDICTION, courts of inferior, effect of judgments of, 43 et seq. See also Courts of inferior jurisdiction. courts of general, may exceed their jurisdiction, 45, note (c). of foreign court, circumstances necessary for, 127, 128 effect of voluntary submission by defendant to, See also Foreign Judgment. of foreign court in divorce, effect of residence of the parties in the See also Foreign Sentences in Divorce, and Divorce. of justices, must appear on the face of their orders, 48 want of, distinction between cases where it is inherent, and where it JUS TERTII, circumstances necessary to entitle bailee to set up, as against his bailor, JUSTICES, certificate of conviction or dismissal by, in certain cases of aggravated conviction by, a protection in actions brought against them, 49 in order that it may be a protection, justices must be conviction by, in order that it may be a protection, no defect must decisions of, may bind a civil court, 48 finding of, on a matter of jurisdiction, conclusive, 48 orders by, under special powers, jurisdiction must appear on face of JUSTICES continued. recitals in orders by, conclusive, as to facts recited, in actions against refusal by, to make an order for delivery up of property, no bar to KING may take advantage of estoppels, 9 not bound by estoppels, 9 KINGSTON'S CASE, DUCHESS OF, general rule as to effect of records inter partes laid down in, 55 LACHES, effect of, on estoppel by representation, 302, 303, 341, 377 LANDLORD may be estopped from disputing tenant's title, 261 LANDLORD AND TENANT, estoppel between, A does not apply to actions for breach of covenant to deliver does not apply to actions for recovery of chattels, 248 effect of expiration of landlord's title as to part only of the enjoyment by permission is foundation of, 240, 241 examples of rule of, 242 et seq. explanation of rule of (by Jessel, M.R.), 255, 256 in actions for use and occupation, 243, 244, 246, 248 replevin, 242, 248 in case of attornment by tenant, 243, 257, 258 payment of rent by tenant, 246, 258-261 by sufferance, 247 from year to year, 247 is really an estoppel by contract, 256 limits and exceptions to, 242 on copyholder, 243 origin and character of, 240 principle applicable to, 241, 242 LANDLORD AND TENANT-continued. tenant estopped from disputing his landlord's title, 241 if he wishes to dispute his landlord's title, should first give in order to show that his landlord's title has expired, must is only estopped from disputing his landlord's title, to extent may be estopped from disputing his own title, 260, 261 after eviction by title paramount, 252 et seq. after he has restored possession of the premises to his after notice to quit, 253 after termination of lease, 253 if he can show a better title in himself, 252 et seq. if, under threat of eviction, he has attorned tenant to must actually have received possession from the landlord, in that landlord has been treated as a trespasser subse- that landlord sold or mortgaged his interest in the that landlord's title expired subsequently to date when LANDS CLAUSES CONSOLIDATION ACT, 1845, effect of inquisition under, 25, 114, note (a) LARCENY BY BROKER, effect of, on estoppel by negligence, 356-363 LAW MERCHANT, applicability of, to negotiable instruments, 277-279 LAW OF NEGOTIABILITY, in what respect different from estoppel, 279, 280 LEASE BY ESTOPPEL, and lease by interest, difference between, 231-234 LEASE BY INTEREST may become subsequently a lease by estoppel, 233, 234 LEGAL PROCEEDINGS in foreign country, money paid under, can be recovered back, 22 LEGAL PROCESS, money recovered by, cannot be recovered back, 21 LEGITIMACY, declarations of, are judgments in rem, 76, 89 LEGITIMATION OF PERSON, judgments that run to, are judgments in rem, 89, 112, note (2) LES TERMES DE LA LEY, definition of estoppel given in, 1 LETTERS PATENT are records, 37, 38 estoppel by, 4 LEX DOMICILII determines effect of assignments of personalty, 190 influence of, in determining effect of foreign sentences of divorce, LEX LOCI CONTRACTUS, influence of, in determining validity of marriage contract, 164, 166, LEX LOCI REI SITÆ determines the effect of assignments of real property, 191 LICKBARROW v. Mason, rule in, 291, 363 LICENCE, effect of, on estoppel by representation, 302, 303, 341 LICENCE OF ALIENATION not a record, 38 LICENSEE estopped from denying title of licensor, 253, 268 et seq. |