A Treatise Upon Some of the General Principles of the Law: Whether of a Legal, Or of an Equitable Nature, Including Their Relations and Application to Actions and Defenses in General, Whether in Courts of Common Law, Or Courts of Equity; and Equally Adapted to Courts Governed by Codes, Volume 5

William Wait

W. Gould & Son, 1885

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Selected pages

Title Page

Table of Contents

Index

CHAPTER	1

Of the powers and duties of officers in general	14

OFFICE AND OFFICER Continued	27

Defenses 3	38

Recovery for injuries to child	46

PARENT AND CHILDContinued PAGE	53

CHAPTER CV	82

PARTNERSHIPS	105

Pleas to the action	491

Insufficient pleas	493

General issue	494

Non detinet	495

REPLEVIN Continued PAGE Section 22 Avowry	496

Plea of property	497

Replication	498

Damages for detention	499

What acts bind the firm	126

PARTNERSHIPS Continued PAGE	146

CHAPTER CVII	156

CHAPTER CVIII	167

CHAPTER CIX	185

Of the rights and liabilities of the principal	193

Of the discharge of sureties	226

PRINCIPAL AND SURETY Continued PAGE Section 12 Negligence of creditor	238

Giving time to the principal when a discharge	239

When not a discharge	242

When a forbearance to sue is a discharge	244

Sureties assent to giving time	246

Discharge how set up	247

CHAPTER CX	248

What court may grant	249

When granted	250

When refused	251

When a matter of right and when discretionary	253

At what time granted	254

Bar by delay	255

Who may join in	256

CHAPTER CXI	258

In what cases it lies	259

When it does not lie	260

When discretionary	261

Trying title to office	262

Usurping franchise	263

Forfeiting franchise	264

What court has jurisdiction	266

Defenses	267

What title in issue	268

Hearing or trial	269

Costs	270

CHAPTER CXII	272

Organization of company	273

RAILROADS Continued PAGE Section 3 Subscriptions to stock	274

Powers as to property	278

Power to make contracts	279

May sue or be sued	281

Dissolution or forfeiture	282

Acquiring lands for roads etc	284

Right of eminent domain	286

Title or interest acquired	288

Taking for public use	289

Taking highways	290

Bridging streams	291

Obstructing streams	292

Locating road	293

Changing location	294

Compensation	295

Interest acquired in land	300

Mode of construction	301

Liable for defects and injuries	302

Contracts for construction	303

Fencing line of road	305

Cattle guards	306

Liabilities in regard to officers agents and servants	308

Officers	309

Agents	310

Conductor	311

Superintendent	313

Employees and laborers	314

Rights duties and liabilities in management of road	315

Right to tolls	316

Delivery of goods	318

Delay in transportation or delivery	319

Injury to goods	320

Stoppage in transit	321

Injuries to passengers	322

Delay of trains	323

Ejection of passengers	324

Using tracks of another road	325

Regulations notice etc	326

Injuries to adjoining property	328

Injuries in crossing track	329

Injuries to stray animals	331

Connected or associated railroads	332

Duty to keep the road safe	334

Carriage of goods	335

Of horse and street railroads	337

Rules and regulations	340

Injuries to other persons	343

Contributory negligence	345

Remedies	346

Injunction	348

Specific performance	350

Receivers	351

CHAPTER CXIII	353

In what cases and over what property a receiver will be appointed	355

Corporations and associations	359

Partnership	360

Mortgages	362

Executors and trustees	364

Infants	367

Tenants in common	369

Construction of will	370

RECEIVERS Continued PAGE	371

What title he takes	388

CHAPTER CXIV	395

CHAPTER CXV	419

REDEMPTION OF REAL ESTATE Continued PAGE Section 5 Who defendant	431

Assignee of mortgage	432

Terms of redemption	433

Judgment	435

CHAPTER CXVI	437

In what cases decreed	439

For error or mistake	443

For fraud	445

For error of scrivener	447

Sealed instruments	448

Unsealed instruments	449

Who may demand relief	451

In what cases denied	452

Decree rendered	453

CHAPTER CXVII	454

Jurisdiction	458

When it does not lie	463

What title or possession will support the action	471

What title or possession is not sufficient	475

What property may be replevined	477

What property may not be replevined	478

When demand is necessary	480

When no demand is necessary	481

Who may maintain the action	484

Who cannot maintain the action	485

Who may be sued	486

Who may not be sued	487

Of defenses in general	489

Abatement	490

Judgment of return to defendant	500

Of the verdict or finding	501

What judgments are proper	502

Effect of verdict and judgment	503

Execution	504

When the action does not lie	505

Amount of recovery	506

CHAPTER CXVIII	507

In what cases decreed	510

For error or mistake	513

For fraud	514

For error of scrivener	519

Unsealed instruments	521

Against whom decreed	523

Decree rendered 552	525

CHAPTER CXIX	527

Who may sell	528

Must be a thing to be sold	530

The price to be paid	532

Mutual assent of the parties	533

What dealings amount to a sale	536

What dealings do not amount to a sale	538

Contract of sale in writing	539

Executed and executory contracts	541

Transfer of specific chattels	542

Transfer of chattels not specific	543

SALESContinued PAGE Section 13 Subsequent appropriation	544

Sellers right of sale	546

Conditional sales	547

Sale or return or on trial	551

Sale by sample	553

Warranty in express terms	554

Implied warranty of title	560

Implied warranty of quality	561

Caveat emptor	564

What is a breach of warranty	566

Delivery of the property	567

Time of delivery	568

Place of delivery	570

Quantity delivered	571

How delivered in general	572

Delivery to third persons	573

Constructive delivery	574

Symbolic delivery illustrations of	575

By deed or bill of sale	577

By transfer of bill of lading	578

Buyers duty to accept	579

Buyers duty to pay	580

Mode of payment	581

Delivery without payment	584

At which time title passes	586

Of the statute of frauds	589

What contracts are within the statute	590

What are goods wares and merchandise	591

Of the value of ten pounds etc	596

What is a sufficient acceptance	598

Earnest and part payment	601

What is a sufficient memorandum	603

What is not a sufficient memorandum	605

Signature by the party	606

Signature by agent	607

Remedies of parties	608

Action where title has passed	610

Sellers remedies against the goods	611

Resale	613

Lien	620

Action by buyer against seller when contract is ex ecutory	622

SALESContinued PAGE Section 9 Action when title has passed	624

Action after receiving goods	625

Rescission by seller	630

Rescission by buyer	632

Mutual fescission	633

Illegality at common law	634

Illegality by statute	635

Rights of bona fide purchasers	637

Defense of fraud in action by seller	638

Defense of fraud in action by buyer	639

CHAPTER CXX	641

In what cases a proper remedy	642

On judgments between the parties	643

Against heirs devisees etc	645

Reviving decree in chancery	646

Recognizances or statutes	647

Within what time	648

Who to be plaintiff	649

Form and complaint etc	650

Defenses	651

Plea or answer	652

Judgment	653

Costs	654

CHAPTER CXXI	655

Founded on the loss of service	656

Who may maintain the action	657

Action by the father	658

Action by the mother	659

Action by stepfather	660

CHAPTER CXXII	672

SHIPPING Continued PAGE Section 21 Liabilities of owners generally	685

Bottomry and respondentia	686

Bonds by the owner	687

Duty and obligation	688

Bond for supplies or repairs	689

Hypothecation of freight	690

Respondentia bonds	691

Validity of bonds	692

Use of the ship by the owner	693

Delivery to the vessel	694

Liability for freight	696

Delivery of goods by the vessel	697

Forwarding in other vessels	698

Suing for nondelivery or injury to goods	699

General liabilities of owner	700

Of charterparties	701

Of general average	702

Loss by perils of sea	703

Sale by master	704

Adjustment of general average	705

Cargo to contribute	706

Loss of freight or profit	707

Effect of adjustment	708

Stoppage in transitu	709

Of pilots	724

SLANDER Continued PAGE	728

Slander of title	761

What contracts may be enforced	775

SPECIFIC PERFORMANCE Continued PAGE	779

Effect of delay	810

SPECIFIC PERFORMANCE Continued PAGE	819

Decree	828

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Common terms and phrases

action agreement Allen appointed authority Bank Barb bill bill of lading bond bottomry Brown buyer claim Clark common law Commonwealth Conn contract contract of sale corporation court of equity creditor damages Davis debt debtor decree deed defendant delivered delivery discharge duty enforce entitled execution fraud held infant injury interest Iowa Johnson Jones judgment land liable lien maintain Mass matter ment Metc Miller Monr mortgage N. J. Eq Ohio St owner paid partner partnership party payment Penn plaintiff pledge possession principal purchaser quo warranto R. R. Co railroad railway company receiver recognizance recover remedy rendered replevin rule scire facias seller ship Sick Smith sold specific performance statute statute of frauds suit surety Tenn third person Thompson tion unless vendee vendor vessel warranty Wend Wilson writ

Bibliographic information

Title	A Treatise Upon Some of the General Principles of the Law: Whether of a Legal, Or of an Equitable Nature, Including Their Relations and Application to Actions and Defenses in General, Whether in Courts of Common Law, Or Courts of Equity; and Equally Adapted to Courts Governed by Codes, Volume 5 A Treatise Upon Some of the General Principles of the Law: Whether of a Legal, Or of an Equitable Nature, Including Their Relations and Application to Actions and Defenses in General, Whether in Courts of Common Law, Or Courts of Equity; and Equally Adapted to Courts Governed by Codes, William Wait
Author	William Wait
Publisher	W. Gould & Son, 1885
Original from	the University of California
Digitized	9 Oct 2008

Export Citation	BiBTeX EndNote RefMan

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