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A Treatise on the Law Relating to the Powers and Duties of Justices of the ...
Joseph Rockwell Swan
No preview available - 2018
acceptance action agent agree agreement allowed amount appear assignment attachment award bill bond bound brought C. L. Rep cause charge chattels claim common consideration constable contract copy costs court damages debt debtor defendant delivered demand directed discharge docket dollars drawer effect enter entitled entry evidence execution fact fees give given hand holder husband indorsed interest issued Johns judgment jury justice land levy liable manner matter ment mentioned necessary notice officer Ohio Rep paid party payable payment peace perform person plaintiff pleas possession present proceed proceedings promise prove reasonable received recognizance recover refuse relation rendered rule seal served signed Stat statute sued sufficient suit summons surety taken term thereof township trial unless warrant wife witness writ writing
Page 285 - ... 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 253 - Secondly, a misfortune of this kind may arise where both parties are to blame; where there has been a want of due diligence or of skill on both sides: in such a case, the rule of law is that the loss must be apportioned between them, as having been occasioned by the fault of both of them.
Page 4 - I do solemnly swear that I will administer justice without respect to persons, and do equal right to the poor and to the rich...
Page 314 - ... where any loan of goods and chattels shall be pretended to have been made to any person, with •whom, or those claiming under him, possession shall have remained for the space of five years, without demand made and pursued by due process at law, on the part of the pretended lender...
Page 365 - WILT thou have this woman to thy wedded wife, to live together after God's ordinance in the holy estate of matrimony? Wilt thou love her, comfort her, honor, and keep her in sickness and in health : and, forsaking all others, keep thee only unto her, so long as ye both shall live ? The Man shall answer : I will.
Page 283 - I understand the rule, as now already settled, to be, that where the contract grows immediately out of, and is connected with an illegal or immoral act, a court of justice will not lend its aid to enforce it. And if the contract be, in part only, connected with the illegal transaction, and growing immediately out of it, though it be, in fact, a new contract, it is equally tainted by it.
Page 292 - Eeynolds was by me first duly sworn to testify the truth, the whole truth, and nothing but the truth, and...
Page 325 - It is not sufficient that he may sustain no injury by a change in the contract, or that it may even be for his benefit. He has a right to stand upon the very terms of his contract; and if he does not assent to any variation of it, and a variation is made, it is fatal.
Page 292 - In witness whereof, we have hereunto set our hands and seals, this day of , in the year . H The...