The American Decisions: Containing All the Cases of General Value and Authority Decided in the Courts of the Several States, from the Earliest Issue of the State Reports to the Year 1869, Volume 52Bancroft-Whitney, 1886 |
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Common terms and phrases
action admissible admitted affirmed agent agreement alleged amount appear appellant applied assumpsit attorney authority Bank bill cause certificate charge circuit court citing the principal claim common carriers common law complainant constitution contract conveyance corporation court of equity creditor damages debt debtor deceased declaration decree deed defendant doctrine dollars entitled evidence execution executor facts fraud fraudulent fraudulent conveyance ground held innkeeper issue judge judgment jurisdiction jury justice land levy liable license lien matter ment mortgage ne exeat nonsuit notice objection opinion paid parol party payment person plaintiff in error plea possession proceedings proof proved purchase money question reason recover rendered replevin rule Samuel Greer scire facias sheriff Smith statute of limitations sufficient suit supreme court surety sustained tenant testator testimony thereof tion trial trover trust vendor verdict Victor Blanchard void warranty witness writ
Popular passages
Page 393 - The records and judicial proceedings of the courts of any State or Territory, or of any such country, shall be proved or admitted in any other court within the United States, by the attestation of the clerk, and the seal of the court annexed, if there be a seal, together with a certificate of the judge, chief justice, or presiding magistrate, that the said attestation is in due form.
Page 324 - Those who shall prefer to remain in the said territories may either retain the title and rights of Mexican citizens or acquire those of citizens of the United States, but they shall be under the obligation to make their election within one year from the date of the exchange of ratifications of this treaty, and those who shall remain in the said territories after the expiration of that year, without having declared their intention to retain the character of Mexicans, shall be considered to have elected...
Page 324 - Mexicans now established in territories previously belonging to Mexico, and which remain for the future within the limits of the United States, as defined by the present treaty, shall be free to continue where they now reside, or to remove at any time to the Mexican Republic, retaining the property which they possess in the said territories, or disposing thereof, and removing the proceeds wherever they please, without their being subjected, on this account, to any contribution, tax, or charge whatever.
Page 325 - The Mexicans who, in the territories aforesaid, shall not preserve the character of citizens of the Mexican Republic, conformably with what is stipulated in the preceding article, shall be incorporated into the Union of the United States, and be admitted at the proper time (to be judged of by the Congress of the United States...
Page 185 - It is upon the same ground that equity interferes in cases of written agreements where there has been an innocent omission or insertion of a material stipulation contrary to the intention of both parties and under a mutual mistake.
Page 111 - ... have been and are devised and contrived of malice, fraud, covin, collusion, or guile, to the end, purpose, and intent to delay, hinder or defraud creditors and others of their just and lawful actions...
Page 296 - To enable this court then to issue a mandamus, it must be shown to be an exercise of appellate jurisdiction, or to be necessary to enable them to exercise appellate jurisdiction.
Page 731 - It is that state of the case which, after the entire comparison and consideration of all the evidence, leaves the minds of the jurors in that condition that they cannot say they feel an abiding conviction, to a moral certainty, of the truth of the charge.
Page 327 - Foreigners who are, or who may hereafter become bona fide residents of this State, shall enjoy the same rights in respect to the possession, enjoyment, and inheritance of property, as native born citizens.
Page 730 - If the jury shall find the defendant guilty, or if the defendant pleads only not guilty by reason of insanity, then the question whether the defendant was sane or insane at the time the offense was committed shall be promptly tried...