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 6

Front Cover
W. Gould & Son, 1879
 

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Contents

What title or possession sufficient
65
What title or possession not sufficient
68
Entry under judicial process or order
69
Wrongful acts after rightful entry
70
Trespass by animals
71
Who may maintain the action
74
Joinder of plaintiff
78
Joint trespass
79
A mortgagor or mortgagee
80
Joint tenants or tenants in common
81
Double and treble damages
84
Defenses
85
License
86
Legal process
88
Title in defendant
89
Title out of plaintiff
90
Who may maintain the action
91
Who made defendant
92
Second action
93
Verdict
94
Writ of possession
95
What acts constitute a trespass
96
What acts are not a trespass
97
Who may maintain the action
98
What title or possession required
101
What title or possession sufficient
103
Property in custody of an officer
104
Goods of deceased persons
105
TRESPASS Continued PAGB
106
CHAPTER CXXVIII
128
TEOTER Continued PAGE Section 9 Between pledgor and pledgee
194
Conversion by warehousemen
195
Between mortgagor and mortgagee
196
Conversion by a carrier
197
Conversion by an officer
200
Conversion by claim of interest or right
201
Conversion by sale
202
Stolen goods
203
Of demand and refusal
205
What is a sufficient demand
207
What is not a sufficient demand
210
When a refusal is a conversion
211
When a refusal is not evidence of a conversion
212
Of the remedy by action
214
Who may sue
215
Who cannot maintain the action
217
Who may be sued
219
Return of the property
220
Title in third person
221
Damages
222
Judgment and its effect
224
CHAPTER CXXIX
226
When the action lies
228
When the action does not lie
229
Who may maintain the action
230
Who cannot maintain the action
231
Against whom the action lies
232
Against whom the action does not lie
233
Amount of recovery
234
Defenses
235
Judgment
237
CHAPTER CXXX
238
WASTE Continued PAGE Section 2 What is waste
240
What is not waste
242
Heir and personal representative
245
Landlord and tenant
246
Mortgagor and mortgagee
247
Reversioner remainderman and tenant for life
249
Tenants in common
250
Who may sue
251
Action at law
253
Injunction
254
Damages
255
Defenses
256
CHAPTER CXXXI
258
Of the ownership
259
Riparian proprietors
260
When persons become riparian owners
261
Diversion of water
263
Surfacewater and drainage
264
Subterranean diversion
265
Easement of drip
266
Right of irrigation
268
Prior occupation
269
Corruption or pollution of water
270
Overflowing land above
273
Flooding land below
274
Backwater
275
Escape of water causing injury
276
Remedies
279
Action at law
280
Injunction
281
Action by whom brought
283
Action against whom brought
284
Defenses
285
Adverse possession
286
License
287
By special agreement
288
WATER AND WATERCOURSES Continued PAGE Section 5 By grant
289
Statutes
291
Right reserved
292
Limitations
293
CHAPTER CXXXII
296
What are highways
297
What are not highways
300
Of title by grant
303
Title by dedication
304
Who may dedicate
306
How dedicated
307
Acceptance
309
Limits of the dedication
310
Evidence or presumption of dedication
312
Rebutting presumption of dedication
315
Action for injury arising from defects in highways
337
Defense to such action
338
Contributory negligence
339
Damages recoverable
340
Use of highways
341
Duties and liabilities in using
342
Rights of foot passengers
344
Roadworthiness
345
Going over adjoining lands
346
Actions for injuries
347
Private ways
348
WAYS AND HIGHWAYS Continued PAGE
349
CHAPTER CXXXIII
366
CHAPTER CXXXIV
377
PART II
393
ARATEMENT Continued PAGE
397
CHAPTER II
408
CHAPTER III
424
CHAPTER IV
432
ADVERSE POSSESSION
436
CHAPTER VI
459
CHAPTER VII
469
ALY OF TEATIORINSTRUMENTS Continued PAGE
478
CHAPTER VIII
496
ANOTHER ACTION PENDING Continued PAGE Section 2 It must be a prior action
497
The prior action must be in a competent court
498
The action must be one between the same parties
499
The action must be for the same cause
500
Whether at law or in equity
502
Actions in foreign courts
503
Actions in another State
504
Effect of a writ of error
505
CHAPTER IX
506
Commonlaw submission
507
Parties to submission
510
What matters are submitted
513
Of agreements to submit
515
Revocation
516
Who may be arbitrators
518
General powers and duties
519
Of umpires
523
Of the award generally
525
Award by whom made
531
At what time
532
General form and requisites
534
Award must not exceed and must be coextensive with the submission
537
Must be entire and possible
540
Must be final
542
Must be certain
543
Presumption and intendment
546
Recommitting
548
Effect of an award
550
Action at law on award
551
Suit in equity
552
Action upon arbitration bond
554
CHAPTER X
556
BILL OR SOTE TAKEX FOR A DEBT Continued PAGE
557
CHAPTER XI
567
CHAPTER XII
583
CHAPTER XIII
602
CUSTODY OF THE LAW 61
617
CHAPTER XVII
639
DtRESS
649
CHAPTER XX
665
CHAPTER XXI
672
CHAPTER XXII
679
CHAPTER XXIII
716
CHAPTER XXIV
725
CHAPTER XXV
762
FORMER ADJUDICATION Continued PAGP Section 11 Effect of judgment of dismissal
774
Effect of judgment on demurrer
775
Effect of judgment for a part of the demand
776
Effect of an appeal Section 19 Effect of decision on appeal
777
Effect of a former judgment at law upon a suit in equity
778
Effect of a former decree upon a suit at law
779
What defenses are barred by a judgment
782
In what actions a former judgment is conclusive
783
How far conclusive
784
It must be matters at issue and decided
785
Its effect as to matters that might have been decided
786
Its effect as to matters admitted by default
787
Who are parties or privies
788
Parties not served with process or notice
789
Parties not properly named
790
Effect on purchasers
791
Effects in suits brought by or against agents or attorneys
792
Judgments by or against executors or administrators
793
Judgment as to same person in different capacity
794
Judgment as to joint trespassers
795
Judgments as affecting sureties
796
Judgments as to sheriffs and deputies
797
Judgment as to attaching and other creditors
798
Pleading the defense
799
Proof of former adjudication
800
How far conclusive
801
When not conclusive
802
Of notice or citing to defend
803
FORMER ADJUDICATION Continued PAGE Section 5 Proof of former adjudication
804
Of collateral impeachment
805
Want of jurisdiction over parties
806
Impeachment for irregularities
807
Impeachment for defects in pleadings
808
Impeachment for collusion
809
Impeachment for matters that might have been pleaded and proved
810
Upon what evidence
811
CHAPTER XXVIII
813
Where fraud is a defense
814
Of the right to interpose the defense
816
Mode of setting it up
817
How proved
818
What is not sufficient proof
819
Of the burden of proof
820

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Common terms and phrases

Popular passages

Page 597 - The law has so high a regard for human life that it will not impute negligence to an effort to preserve it, unless made under such circumstances as to constitute rashness in the judgment of prudent persons.
Page 768 - In considering the operation of this judgment, it should be borne in mind, as stated by counsel, that there is a difference between the effect of a judgment as a bar or estoppel against the prosecution of a second action upon the same claim or demand, and its effect as an estoppel in another action between the same parties upon a different claim or cause of action.
Page 672 - The distinction between actions at law and suits in equity, and the forms of all such actions and suits, heretofore existing, are abolished...
Page 686 - that where one by his words or conduct wilfully causes another to believe in the existence of a certain state of things, and induces him to act on that belief, or to alter his own previous position, the former is concluded from averring against the latter a different state of things as existing at the same time.
Page 689 - ... where one by his words or conduct wilfully causes another to* believe in the existence of a certain state of things, and induces him to act on that belief, so as to alter his own previous position, the former is concluded from averring against the latter a different state of things as existing at the same time.
Page 23 - He has no right to appropriate a sign or symbol which, from the nature of the fact it is used to signify others may employ with equal truth, and therefore have an equal right to employ, for the same purpose.
Page 33 - That nothing in this Act contained, nor any Proceeding, Conviction, or Judgment to be had or taken thereupon, against any Banker, Merchant, Broker, Factor, Attorney, or other Agent as aforesaid, shall prevent, lessen, or impeach any Remedy at Law or in Equity which any Party aggrieved by any such Offence might or would have had if this Act had not been passed...
Page 767 - First, that the judgment of a court of concurrent jurisdiction, directly upon the point, is as a plea, a bar, or as evidence conclusive, between the same parties, upon the same matter, directly in question in another court.
Page 768 - It is a finality as to the claim or demand in controversy, concluding parties and those in privity with them, not only as to every matter which was offered and received to sustain or defeat the claim or demand, but as to any other admissible matter which might have been offered for that purpose.
Page 811 - Standard authorities lay down the rule that, in order to give any binding effect to a judgment, it is essential that the court should have jurisdiction of the person and the subject-matter; and it is equally clear that the want of jurisdiction is a matter that may always be set up against a judgment when sought to be enforced, or where any benefit is claimed under it, as the want of jurisdiction makes it utterly void and unavailable for any purpose.

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