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 6W. Gould & Son, 1879 |
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Other editions - View all
Common terms and phrases
abatement accord and satisfaction action of trespass adverse possession agreement Allen arbitrators award bailee Bank Barb bond Brown claim Clark common law Conn consent contract conversion court court of equity coverture creditor Cush damages Davis debt debtor deed defendant deliver duress easement entitled equity estopped estoppel evidence Exch execution fact fraud grant Gray held highway injury Iowa Jackson Johns Johnson Jones judgment jury land liable Manuf Mass matter ment Metc Miller Monr mortgage N. J. Law negligence obstruction officer Ohio St owner party payment Penn Pick plaintiff plea plea in abatement premises promissory note purchaser R. R. Co recover rule Sick Smith statute statute of limitations stream submission suit tenant testator thereof third person Thompson tion trade-mark trover unless valid void water-course Wend Wilson Wood
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 766 - 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 670 - The distinction between actions at law and suits in equity, and the forms of all such actions and suits, heretofore existing, are abolished...
Page 684 - 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 687 - ... 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 765 - 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 766 - 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 809 - 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.