The Law of Estoppel |
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Page xi
... JUDGMENTS IN REM . Definitions of a judgment in rem 1. ( a ) Judgments of condemnation of property forfeited by the old Court of Exchequer · • Convictions for penalties were not even evidence in civil proceedings Acquittal of goods ( 3 ) ...
... JUDGMENTS IN REM . Definitions of a judgment in rem 1. ( a ) Judgments of condemnation of property forfeited by the old Court of Exchequer · • Convictions for penalties were not even evidence in civil proceedings Acquittal of goods ( 3 ) ...
Page xii
... rem . 11. Judgments on proceedings by way of quo warranto . The nature of the proceedings on a writ of quo warranto ... judgment does not create a merger of the original debt . Plaintiff's remedies where he has obtained a foreign judgment ...
... rem . 11. Judgments on proceedings by way of quo warranto . The nature of the proceedings on a writ of quo warranto ... judgment does not create a merger of the original debt . Plaintiff's remedies where he has obtained a foreign judgment ...
Page xiii
... judgment of a foreign court when it has been obtained by a British subject and is in express contraven- tion of the ... REM . Difficulty of determining between judgments in rem and in personam • • . in certain cases Foreign criminal ...
... judgment of a foreign court when it has been obtained by a British subject and is in express contraven- tion of the ... REM . Difficulty of determining between judgments in rem and in personam • • . in certain cases Foreign criminal ...
Page 1
... judgment in rem of a court of record . It is , indeed , a matter of some difficulty to give a good general definition of the term estoppel . It may suffice ( a ) Co. Litt . 352 a ; see also Vin . Ab . Estop . A. 2 , p . 421 ; citing Bro ...
... judgment in rem of a court of record . It is , indeed , a matter of some difficulty to give a good general definition of the term estoppel . It may suffice ( a ) Co. Litt . 352 a ; see also Vin . Ab . Estop . A. 2 , p . 421 ; citing Bro ...
Page 22
... judgment and of the execution ( a ) . Again , if A. brings an action against ... judgments in Philips v . Hunter , 2 H. Bl . 402 , 414 ; contra , Follett v ... rem , sce Castrique v . Behrens , 30 L. J. Q. B. 163 . ment , then this is ...
... judgment and of the execution ( a ) . Again , if A. brings an action against ... judgments in Philips v . Hunter , 2 H. Bl . 402 , 414 ; contra , Follett v ... rem , sce Castrique v . Behrens , 30 L. J. Q. B. 163 . ment , then this is ...
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Common terms and phrases
Act of Parliament afterwards alleged appears attorns authority Bank Bankruptcy bill binding Bing Blackburn certificate Chancery cited claim common law conclusive evidence Conflict of Laws contract covenant creditors decision deed defendant divorce domicile Dougl ecclesiastical court effect Eliz England estopped estopped from denying estoppel estoppel arising executed fact foreign court foreign judgment fraud fraudulently ground H. L. Cas held holder indenture indorsement jactitation judges judgment in rem jurisdiction jury justice L. J. Ch L. J. Ex landlord lease lessor Litt Lord Lord Coke Lord Selborne marriage matter ment mortgage obtained parties person plaintiff plea pleaded possession premises principle proceedings quo warranto recital record rent representation rule Salk says sentence shares Smith Smith's L. C. 8th spiritual court statute subsequent action suit tenant transfer trustee ultra vires verdict Vict
Popular passages
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 6 - 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 426 - ... 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 18 - 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."—...