Reports of Cases at Law and in Chancery Argued and Determined in the Supreme Court of Illinois, Volume 69 |
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Page 16
... plea of payment . 4. CHANCERY - relief against judgment where there was a defense at law . Where a party has a defense at law in a suit against him , he must use every reasonable effort to make it before a court of equity will relieve ...
... plea of payment . 4. CHANCERY - relief against judgment where there was a defense at law . Where a party has a defense at law in a suit against him , he must use every reasonable effort to make it before a court of equity will relieve ...
Page 17
... plea of the general issue ; second , a plea of payment , and a plea setting up the agreement specified in the bill ; that on the 9th day of October , 1871 , the papers and all files in the case were consumed by fire ; that in May , 1872 ...
... plea of the general issue ; second , a plea of payment , and a plea setting up the agreement specified in the bill ; that on the 9th day of October , 1871 , the papers and all files in the case were consumed by fire ; that in May , 1872 ...
Page 19
... plea of payment . If received under the agreement , it was a payment on the notes , and the holder had no right to appropriate it to any other purpose without the assent of the sureties . Again , there was an entire want of diligence on ...
... plea of payment . If received under the agreement , it was a payment on the notes , and the holder had no right to appropriate it to any other purpose without the assent of the sureties . Again , there was an entire want of diligence on ...
Page 53
... plea as to the recovery in the Supreme Court . A demurrer was sustained to the first and third pleas , and issue joined on the second and fourth pleas . It is conceded that the first and third pleas were bad , but it is insisted the ...
... plea as to the recovery in the Supreme Court . A demurrer was sustained to the first and third pleas , and issue joined on the second and fourth pleas . It is conceded that the first and third pleas were bad , but it is insisted the ...
Page 57
... plea of not guilty entered . The court then ordered the case to be set for trial on the next succeeding Friday , being the 18th of the same month . On the day of the arraignment , accused proceeded to prepare for his trial , by causing ...
... plea of not guilty entered . The court then ordered the case to be set for trial on the next succeeding Friday , being the 18th of the same month . On the day of the arraignment , accused proceeded to prepare for his trial , by causing ...
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Common terms and phrases
action affidavit agent agreement alleged amount appear appellant appellee assigned assumpsit attorney authority bill bond cause remanded chancery charge Chicago circuit court claim Clapp common law complainant contract conveyance Cook county county court Court of Cook court of equity creditor damages debt declaration decree deed defendant delivered the opinion evidence execution fact feme covert filed fraud guilty heirs held Henry Clapp homestead husband injury instruction interest issue Judge Judgment affirmed jurisdiction jury LAMBERT TREE land liable lien ment Messrs mortgage negligence officer owner paid party payment person plaintiff in error plea possession premises presiding proceeding promissory note proof purchaser question railroad real estate reason record recover refused rendered replevin reversed rule sell sold statute sufficient suit Syllabus term testified testimony tion trespass trial trust verdict wife Winnebago county witness WRIT OF ERROR
Popular passages
Page 191 - ... upon any agreement that is not to be performed within the space of one year from the making thereof; unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith, or some other person thereunto by him lawfully authorized.
Page 101 - Questions of power do not depend on the degree to which it may be exercised. If it may be exercised at all, it must be exercised at the will of those in whose hands it is placed.
Page 485 - Witnesseth that the said party of the first part for and in consideration of the sum of Three Thousand Dollars, lawful money of the United States of America to him in hand paid by the said party of the second part...
Page 102 - As to the fifth sort of bailment, viz. a delivery to carry or otherwise manage, for a reward to be paid to the bailee, those cases are of two sorts ; either a delivery to one that exercises a public employment, or a delivery to a private person. First, if it be to a person of the first sort, and he is to have a reward, he is bound to answer for the goods at all events.
Page 217 - According to that view, the separate property of a married woman being a creature of equity, it follows, that, if she has a power to deal with it, she has the other power incident to property in general ; namely, the power of contracting debts to be paid out of it ; and inasmuch as her creditors have not the means at law of compelling payment of those debts, a court of equity takes upon itself to give effect to them, not as personal liabilities, but by laying hold of the separate property as the...
Page 454 - Their rights in such cases do not depend upon the actual title or authority of the party with whom they deal directly, but are derived from the act of the real owner, which precludes him from disputing, as against them, the existence of the title or power which, through negligence or mistaken confidence he caused or allowed to appear to be vested in the party making the conveyance.
Page 366 - PROVIDED ALWAYS, and these presents are upon this express condition, that if the said party of the first part, his heirs, executors and assigns, shall well and truly pay or cause to be paid nnto the said party of the second part, his executors, administrators or assigns...
Page 212 - eviction ' is now popularly applied to every class of expulsion or amotion. Getting rid thus of the old notion of eviction, I think it may now be taken to mean this — not a mere trespass and nothing more, but something of a grave and permanent character done by the landlord with the intention of depriving the tenant of the enjoyment of the demised premises.
Page 689 - The burden of proof lies on the carrier, and nothing short of an express stipulation by parol or in writing should be permitted to discharge him from duties which the law has annexed to his employment.
Page 87 - The General Assembly shall not pass local or special laws, in any of the following enumerated cases...