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action affirmed agent agreed agreement alleged allowed amount answer appeal apply assignment authority bank bond building cause Ch.J charge claim complaint condition consideration contract conveyance costs counsel creditors damages debt deed Defendant delivered demand directed discharge duty effect endorsed entered entitled evidence excepted execution executors fact firm follows further give given ground GROVER held intent interest issue JOEL TIFFANY John Judge judgment jury land liable lien matter ment mortgage necessary objection Opinion Opinion by DAVIES Opinion by PARKER paid parties payment performance Plaintiff possession premises present proper purchase question real estate reason received recover referee rendered Reporter respect Respondent rule satisfy secure Statement statute sufficient suit Supreme Court taken Term therein thereof tion trial trust wife witness York
Seite 438 - ... when the party by his own contract creates a duty or charge upon himself, he is bound to make it good, if he may, notwithstanding any accident by inevitable necessity, because he might have provided against it by his contract.
Seite 312 - A statement of any new matter constituting a defense or counterclaim, in ordinary and concise language, without repetition." See. 171. The counterclaim mentioned in the last section must be one existing in favor of a defendant and against a plaintiff, between whom a several judgment might be had in the action, and arising out of one of the following causes of action: "1.
Seite 144 - Texas, by combinations too powerful to be suppressed by the ordinary course of judicial proceedings, or by the powers vested in the marshals by law...
Seite 219 - If no such objection be taken, either by demurrer or answer, the defendant shall be deemed to have waived the same, excepting only the objection to the jurisdiction of the court, and the objection that the complaint does not state facts sufficient to constitute a cause of action.
Seite 200 - Know all men by these presents, that I, Zadoc Martin, of the county of Platte. and State of Missouri, for and in consideration of the sum of one dollar to me in hand paid...
Seite 502 - It is the power to regulate; that is, to prescribe the rule by which commerce is to be governed. This power, like all others vested in congress, is complete in itself, may be exercised to its utmost extent, and acknowledges no limitations other than are prescribed in the constitution.
Seite 147 - ... have in view. Your object is to subjugate the Southern States, and a requisition made upon me for such an object — an object, in my judgment, not within the purview of the Constitution or the Act of 1795 — will not be complied with. You have chosen to inaugurate Civil War, and having done so, we will meet it in a spirit as determined as the Administration has exhibited toward the South.
Seite 246 - Where it requires the performance of any other act, a certified copy of the judgment may be served upon the party against whom it is given, or...
Seite 26 - And indeed, even in cases of felony at the common law, they are the weakest and most suspicious of all testimony : ever liable to be obtained by artifice, false hopes, promises of favor, or menaces ; seldom remembered accurately, or reported with due precision ; and incapable in their nature of being disproved by other negative evidence.