A Treatise on the Law of Judgments: Including the Doctrine of Res Judicata, Band 1

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West publishing Company, 1891 - 1270 Seiten
 

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Inhalt

Names of Judgments in certain Special Actions 18 CrossClassifications of Judgments
14
Classification of Decrees
14
CHAPTER II
26
In Condemnation Proceedings
40
Fipality of Decrees
41
Further Action necessary to settle the Equities
46
Further Action necessary to execute the Decree
47
Decree ordering a Reference
48
Directing an Account
50
Decree suspending Rights until further Orders 47 Decree dissolving Partnership 48 Foreclosure of Mortgage
51
Sending Issue out of Chancery
52
CHAPTER III
53
Consent of Crediter is necessary
60
Requisites of Warrant of Attorney
61
Affidavit that Debt is
62
Statement of the Indebtedness
63
Signature to Statement
64
Verification of Statement
65
Amendment of Statement Judgment voidable for Failure to comply with Statute
72
Valid between Parties
73
For what Judgment may be confessed
74
Debt not yet
75
For Future Advances
76
For contingent Liabilities 73 Amount of the Judgment
77
Liquidation of Amount by Clerk
78
Inclusion of Attorneys Fees
79
Recording the Judgment 77 Reversing and Vacating Judgments by Confcssion
80
Efects of confessed Judgment
82
CHAPTER IV
83
Against Whom may be taken
85
Joint Defendants
86
Jurisdiction of the Defendant
87
Must be founded on good Declaration
89
Premature Entry of Default 86 Default when proper
91
Conclusiveness of Judgment by Default
94
Entry by the Clerk
96
Interlocutory Judgment when necessary
97
CHAPTER V
103
Grounds held insufficient
105
CHAPTER VI
113
Form of the Judgment
124
Designation of the Parties
126
Designation of the Property
127
Designation of Amount of Recovery
128
Conditions in Judgment
133
THE ENTRY OF JUDGMENTS NUNC PRO TUNC 126Origin and Nature of the Power 137 Delay by Act of the Court 128 Delay by Motions or Ap...
143
Evidence
152
Relation back of Order
154
Effect upon Third Persons
155
CHAPTER VIII
156
Conditions as to Payment
166
Judgment for Coined Money
168
CHAPTER IX
171
Amendment during the Term
172
Amendment after the Term
173
Correction of Clerical Errors
174
Supplying Omissions
176
Reforming and Perfecting the Judgment
178
Judicial Errors not to be thus Corrected
180
Amendment as to Amount of Judgment
181
Amendment in Respect of Parties
182
What Courts have Power of Amendment
184
Time of making Application
185
Method of applying for Amendment
186
Notice of Application
187
Evidence
189
Method of making Corrections 167 Allowance of Amendment is discretionary
191
Jurisdiction of Equity 169 Effect of Amendments on Third Persons
192
CHAPTER X
194
Character and Status of Parties 173 Constitution of the Court
197
Disqualified Judge
202
Acts of Judge de Facto
203
Judge out of Office 177 Time and Place of holding Court
204
Place of Trial
206
Judgment rendered in Vacation
207
Judgment must be supported by the Ploadings
212
Judgment in Action not at Issue
213
Findings necessary to support the Judgment
214
Judgment must follow Verdict
215
CHAPTER XI
217
Statutes removing Disability of Coverturo
226
Judgments against Infants
227
Service of Process on Infants
228
Appearance by Attorney or Guardian 196 Effect of Failure to plead Infancy
231
Decrees in Equity against Infants
232
Infant Plaintiffs 199 Judgments against Deceased Parties
234
Judgment against Decedent Voidable only
236
Death of One of Several Defendants
239
Entry of Judgment against Decedent Nunc pro Tuno 203 Jurisdiction must be acquired before Partys Death
240
Judgment for Deceased Plaintiff
241
Judgments against Insane Persons
243
Joint Defendants at Common
245
In Actions of Tort 208 Joint Debtor Acts
247
One Defendant suffering Default
249
Judgment when Several when Joint
250
Joint Judgment as an Entirety
251
Confession of Judgment by Joint Defendants 213 Misnomer of Parties
255
Descriptio Persona
258
CHAPTER XII
259
Consent cannot confer Jurisdiction
264
Judgment without Jurisdiction is Void
265
Judgment against One not a Party 220 Notice to Defendant
267
Statutes dispensing with Citation
268
Statutes regulating Mode of Citation 223 Defects in the Process
270
Defects in the Service
271
Appearance as a Waiver of Citation
273
Defendants Right to be heard 227 Judgments against NonResidents
275
ExtraTerritorial Service of Process
277
Jurisdiction by Attachment of NonResidents Property
278
What Property bound
281
Service by Publication without Attachment
282
Statutes authorizing Constructive Service to be strictly construed
283
Probate Courts
284
Federal Courts
285
Joint Defendants 234 Joint Judgment as an Entirety
286
Joint Judgment authorized by Statute
287
Statutory Several Judgment 237 Judgment against Partners
288
Appearance for Defendant not Served 239 Construction of Judgment against Defendants generally 240 Jurisdiction of the SubjectMatter
290
Sufficiency of Declaration
292
Jurisdiction of Question decided
293
Loss of Jurisdiction
295
Jurisdiction attaching Error does not Vitiate
296
CHAPTER XIII
297
THE GENERAL RULE 245 Judgments not to be attacked Collaterally
298
To what Judgments the Rule applies
300
Tax Judgments
302
Adjudications in Bankruptcy 249 Awards
303
Judgments of Inferior Courts
304
CoOrdinate Courts
305
What constitutes a Collateral Attack
306
Irregular or Defective Service
322
Objections as to Parties
323
Legal Disability of Parties
324
Disqualification of Judge 267 Judgment for Excessive Amount
325
Insufficiency of Evidence
326
FOR WANT OF JURISDICTION 270 Jurisdiction of Superior Courts presumed
327
Silence or Incompleteness of the Record
330
Appearance by Attorney
332
Jurisdictional Recitals
333
Decision of the Court upon its own Jurisdiction
336
Cases denying Conclusiveness of Record
337
Arguments on the Conclusiveness of Records
342
No Presumption against the Record
345
No Presumption of Validity on Direct Attack
360
Foreign Judgments Part IV FOR FRAUD 290 Whether Parties can Impeach Judgment for Fraud
362
Fraud in Procuring the Judgment
364
Fraud in the Cause of Action
366
Creditor may show Fraud in Judgment
367
Fraud must affect the Creditors
368
What Creditors allowed to allege Fraud
369
False Testimony
370
CHAPTER XIV
371
PRACTICE ON VACATING JUDGMENTS 346 Notice of Application
372
By Audita Querela
376
By Error Coram Nobis
377
By Bill of Review
378
By Direct Action 303 By Motion
379
Indirect Vacation of Judgment PART III THE TIME OF APPLYING 805 During the Term
380
After the Term
382
Judgment taken contrary to Agreement 823 Perjury
398
Want of Notice
399
Unauthorized Appearance by Attorney
400
Irregularities
403
Judgments against Persons under Disabilities 328 Unauthorized Entries
404
Judgment not Vacated because Erroneous 330 Not for Grounds which might have been pleaded in Defense
405
Illegality of Cause of Action
406
Newlydiscovered Evidence 333 Judgment on reversed Judgment
407
Statutory Grounds for Vacating Judgments
408
Mistake
409
Surprise
410
Casualty or Misfortune
411
Sickness of Defendant
412
Sickness of Counsel
413
Excusable Neglect
414
Negligence of Attorney
415
Misunderstanding of Counsel
418
Unavoidable Absence of Counsel 844 Fraud of Attorney
419
Misinformation as to Time of Trial
420
Affidavit of Merits
423
Meritorious Defense must be shown
425
Technical or Unconsciopable Defense not suficient 350 Opening Judgment to admit Defense
427
Evidence
429
Imposition of Terms
430
Partial Vacation of Judgment
431
Allowance of Application discretionary
432
Effect of Vacating Judgment
434
CHAPTER XV
436
448 Priority of Government Claims
448
Priority by Date of Entry
449
Two Judgments entered the Same
450
Judgment and Conveyance entered the Same
451
Judgment given to secure Future Advances
452
Prior Undocketed Judgment
453
Fraud
454
Fraud in Preventing Defense
455
Priority by Prior Levy
456
Fraud in Procuring the Judgment
457
Deceit and Concealment
458
Sale under Junior Judgment
459
Perjury 373 Taking Judgment contrary to Agreement
460
General Rules
461
Unauthorized Appearance of Attorney
462
Negligence or Mistake of Counsel
463
Lien of Transferred Judgment
464
Want of Jurisdiction
465
Survival against JudgmentDebtor
466
Death of JudgmentDebtor
467
Remedies of Creditor after Expiration of Lien
468
Ignorance of Legal Defense
477
Discovery must have been sought
478
Newlydiscovered Evidence
479
Negligence of Party precludes Relief
480
Defense not available at
481
Defense available either at Law or Equity
482
Satisfaction or Release of Judgment
483
Injunction as a Means of securing SetOff
484
Personal Disability of Parties
485
PRACTICE ON APPLICATION TO ENJOIN JUDGMENT 393 Nature and Requisites of Bill
486
Conditions on Granting Relief 395 Effect of Enjoining Judgment
487
CHAPTER XVI
489
SUSPENSION AND DISCHARGE OF JUDGMENTLIENS 469 General Principles 470 Suspension of Lien by Injunction
490
Stay of Proceedings 472 Opening or Vacating Judgment 473 Appeal or Error 474 Bankruptcy 475 Appointment of Receiver
491
Territorial Extent of such Lieng
509
Decrees in Admiralty
511
TO WHAT PROPERTY THE LIEN ATTACHES 417 Territorial Restriction of Lien
512
Transfer of Judgment to Another County
513
Lien binds Real Estate
514
Actual Interest of Debtor bound
515
Title held in Trust
516
Inchoate Title
518
Land Fraudulently Conveyed
519
Exempt Property 425 Homestead Property
521
LifeEstates 427 Estates by Curtesy
523
Reversions and Remainders
524
Leasehold Interests
525
Lard held by Joint Owners
526
Partnership Property
527
AfterAcquired Property
528
Equitable Estates and Interests
529
Equity of Redemption
531
Judgment against Trustee 436 Land held under a Power
532
Judgment against Cestui Que Trust
534
Interest of Vendor under Executory Contract
536
Interest of Vendee under Executory Contract
539
Estates successively conveyed PART IV DATE OF THE LIEN 441 Common Law Rule
540
Exceptions to the Rule
542
Present Statutory Rules
544
Cases in which Lien relates back
546
PRIORITY AND PRECEDENCE OF JUDGMENTLIENS 445 Lien is subject to Prior Equities
547
As against Prior Uprecorded Conveyance 447 Precedence of PurchaseMoney Mortgage
550
Cancellation or Entry of Satisfaction
573
Sale of the Land 480 Acquisition of Title by JudgmentCreditor 481 Release of Lien
574
CHAPTER XVII
576
TerreTenants
587
Defenses
589
Same Payment Release SetOff 495 Same Discharge in Bankruptcy
590
Same Invalidity of Original Judgment
591
Same Collateral Agreements 498 Judgment on Scire Facias
592
Practice in Pennsylvania
593
Urheberrecht

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Seite 267 - Where a court has jurisdiction, it has a right to decide every question which occurs in the cause; and whether its decision be correct or otherwise, its judgment, until reversed, is regarded as binding in every other court. But if it act without authority, its judgments and orders are regarded as nullities. They are not voidable, but simply void, and form no bar to a recovery sought, even prior to a reversal in opposition to them.
Seite 279 - Process from the tribunals of one state cannot run into another state, and summon parties there domiciled to leave its territory and respond to proceedings against them. Publication of process or notice within the state where the tribunal sits cannot create any greater obligation upon the nonresident to appear. Process sent to him out of the state, and process published within it, are equally unavailing in proceedings to establish his personal liability.
Seite 296 - I cannot doubt that, upon general principles, such a defect must avoid a judgment. It is impossible to concede that because A and B are parties to a suit, a court can decide any matter in which they are interested, whether such matter be involved in the pending litigation or not. Persons, by becoming suitors, do not place themselves for all purposes under the control of the court, and it is only over those particular interests which they choose to draw in question that a power of judicial decision...
Seite 250 - In an action against several defendants, the court may, in its discretion, render judgment against one or more of them, leaving the action to proceed against the others, whenever a several judgment may be proper.
Seite 452 - ... any fact which clearly proves it to be against conscience to execute a judgment, and of which the injured party could not have availed himself in a court of law, or of which he might have availed himself at law, but was prevented by fraud or accident unmixed with any fault or negligence in himself or his agents, will justify an application to a court of chancery.
Seite 308 - On the other hand, if the action or proceeding has an independent purpose and contemplates some other relief or result, although the overturning of the judgment may be important or even necessary to its success, then the attack upon the judgment is collateral.
Seite 63 - A married woman shall be capable of entering into and rendering herself liable in respect of and to the extent of her separate property on any contract, and of suing and being sued, either in contract or in tort, or otherwise, in all respects as if she were a feme sole...
Seite 366 - ... there shall be in this State hereafter, but one form of action, for the enforcement or protection of private rights and the redress or prevention of private wrongs, which shall be denominated a civil action.
Seite 465 - Where the unsuccessful party has been prevented from exhibiting fully his case, by fraud or deception practiced on him by his opponent, as by keeping him away from court, a false promise of a compromise; or where the defendant never had knowledge of the suit, being kept in ignorance by the acts of the plaintiff...
Seite 460 - The question of fraud which is open to examination In such case Is as to something which Intervened In the proceedings by which the Judgment was obtained, and It must have occurred In the very concoction or procuring of the judgment, and not have been known to the opposite party at the time. and for not knowing which he Is not chargeable with neglect or Inattention.

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