The American and English Encyclopedia of Law, 12. sējumsJohn Houston Merrill, Thomas Johnson Michie, Charles Frederic Williams, David Shephard Garland E. Thompson, 1890 |
No grāmatas satura
1.–5. rezultāts no 76.
37. lappuse
... facts stated were sufficient to require the exercise of judgment , and of judicial discrimination to deter- mine whether such offence was charged or not , the justice's error will not subject him to liability.2 ( c ) Mistake of Fact ...
... facts stated were sufficient to require the exercise of judgment , and of judicial discrimination to deter- mine whether such offence was charged or not , the justice's error will not subject him to liability.2 ( c ) Mistake of Fact ...
51. lappuse
... fact , then , that the surrogate had acted as counsel for the executor in the matters brought within the account , disqualifies him.11 So where the judge is put down in the account as creditor , 12 New York etc. R. Co. v . Schuyler , 28 ...
... fact , then , that the surrogate had acted as counsel for the executor in the matters brought within the account , disqualifies him.11 So where the judge is put down in the account as creditor , 12 New York etc. R. Co. v . Schuyler , 28 ...
53. lappuse
... fact specifically , but merely averring a " prejudice , " is insufficient . " The authority of the legislature under the constitutional divi- sion of government into three departments , to provide that ex parte affidavits of prejudice ...
... fact specifically , but merely averring a " prejudice , " is insufficient . " The authority of the legislature under the constitutional divi- sion of government into three departments , to provide that ex parte affidavits of prejudice ...
72. lappuse
... fact , stating the same in writing , and di- recting a written finding thereon , the jury shall fail to agree to a finding upon the whole or a part of such questions , but shall find a general verdict , it is error on the part of said ...
... fact , stating the same in writing , and di- recting a written finding thereon , the jury shall fail to agree to a finding upon the whole or a part of such questions , but shall find a general verdict , it is error on the part of said ...
73. lappuse
... fact been taken . Cate v . Gilman , 54 Iowa 576 . The fact that the court adjourned to a particular day and hour , but opened on the day named by proclamation and entered a judgment at an hour earlier than that named in the adjournment ...
... fact been taken . Cate v . Gilman , 54 Iowa 576 . The fact that the court adjourned to a particular day and hour , but opened on the day named by proclamation and entered a judgment at an hour earlier than that named in the adjournment ...
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The American and English Encyclopedia of Law, 12. sējums John Houston Merrill,Charles Frederic Williams,Thomas Johnson Michie,David Shephard Garland Priekšskatījums nav pieejams - 1890 |
Bieži izmantoti vārdi un frāzes
affidavit appeal attorney authority Bank Barb Bush Ky cause of action claim Code collaterally common law Comp Compare Conn constitution court of equity court will take creditor debtor decree defendant diction docket entered equity error evidence execution fact filed fraud Freeman on Judg Gratt held Hill N. Y. impeached Iowa issue Jones judgment judgment debtor Judicial Sales jurisdic jurisdiction jurors jury Kansas land Lea Tenn lien Mass matter ment Minn Miss Murfree's Justice nunc pro tunc offence Ohio St Oreg party peremptory challenges person plaintiff plea pleaded proceedings purchaser question record rendered replevin rule scire facias service of process sheriff sheriff's sale Smith Stat statute suit summons supreme court take judicial notice term thereof Thompson tion trial United verdict void Wend writ
Populāri fragmenti
261. lappuse - It is emphatically the province and duty of the judicial department to say what the law is. Those who apply the rule to particular cases must of necessity expound and interpret that rule. If two laws conflict with each other, the courts must decide on the operation of each. So if a law be in opposition to the constitution ; if both the law and the constitution apply to a particular case, so that the court must either decide that case conformably to the law, disregarding the constitution; or conformably...
97. lappuse - And the said records and judicial proceedings, authenticated as aforesaid, shall have such faith and credit given to them in every court within the United States as they have by law or usage in the courts of the State from whence the said records are or shall be taken.
106. lappuse - 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.
3. lappuse - It is not by the office of the person to whom the writ is directed, but the nature of the thing to be done, that the propriety or impropriety of issuing a mandamus is to be determined.
100. lappuse - The rule that the courts of no country execute the penal laws of another applies not only to prosecutions and sentences for crimes and misdemeanors, but to all suits in favor of the State for the recovery of pecuniary penalties for any violation of statutes for the protection of its revenue, or other municipal laws, and to all judgments for such penalties.
71. lappuse - Where a court of competent jurisdiction has adjudicated a certain sum to be due from one person to another, a legal obligation arises to pay that sum, on which an action of debt to enforce the judgment may be maintained.
72. lappuse - In an action for the recovery of money only, or specific real property, the jury, in their discretion, may render a general or special verdict. In all other cases the court may direct the jury to find a special verdict in writing upon all or any of the issues, and in all cases may instruct them, if they render a general verdict, to find upon particular questions of fact, to be stated in writing, and may direct a written finding thereon.
437. lappuse - A summons against a corporation may be served upon the president, mayor, chairman of the board of directors, or trustees, or other chief officer; or, if its chief officer is not found in the county, upon its cashier, treasurer, secretary, clerk or managing agent...
253. lappuse - The province of the court is, solely, to decide on the rights of individuals, not to inquire how the executive, or executive officers, perform duties in which they have a discretion.
277. lappuse - 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, and, on the contrary, nothing shall be intended to be within the jurisdiction of an inferior court but that which is so expressly alleged;" and this rule has been so frequently repeated as to have become a maxim in the law.