A Practical Treatise Upon the Law of Judicial Writs and Process in Civil and Criminal Cases: The Sufficiency, Validity, Amendment and Alteration of Process; Its Execution and Return, and the Powers and Liabilities of Officers ThereunderBaker, Voorhis, 1895 - 667 páginas |
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A Practical Treatise Upon the Law of Judicial Writs and Process in Civil and ... William Atkinson Alderson Sin vista previa disponible - 2008 |
Términos y frases comunes
action affidavit agent appear arrest attending attorney authority Bank cess City Clark clerk collateral common law constitute copy creditors Davis debt debtor declared defect defendant defendant's delivered directed endorsement enforce exemption fact foreign corporation held Johnson Judge judgment debtor judicial jurisdiction justice Kans land levy Mass matter ment Miller Minn Monmouth county non-resident notice officer omission party person plaintiff possession privilege proceedings process void question railroad recital record replevin residence rule scire facias seal seized seizure service of process service of summons sheriff Smith statute statute requiring subject to attachment subject to garnishment subpoena subpoena duces tecum sued sufficient suit supreme court Tenn Thompson tion trustee valid voidable writ issued writ of attachment writ of execution writ of summons
Pasajes populares
Página 218 - It is very true that a corporation can have no legal existence out of the boundaries of the sovereignty by which it is created. It exists only in contemplation of law, and by force of the law; and where that law ceases to operate, and is no longer obligatory, the corporation can have no existence. It must dwell in the place of its creation, and cannot migrate to another sovereignty.
Página 279 - And the said records and judicial proceedings, so authenticated, shall have such faith and credit given to them in every court within the United States, as they have by law or usage in the courts of the state from which they are taken...
Página 29 - No man shall be compelled to attend, erect or support any place of worship, or to maintain any ministry against his consent. No human authority ought, in any case whatever, to control or interfere with the rights of conscience...
Página 289 - And the said records and judicial proceedings, authenticated as aforesaid, shall have such faith and credit given to them in every court within the United States as they have by law or usage in the courts of the State from whence the said records are or shall be taken.
Página 286 - It is a doctrine of law too long established to require a citation of authorities that, where a court has jurisdiction, it has a right to decide every question which occurs in the cause, and whether its decision be correct or otherwise, its judgment, till reversed, is regarded as binding in every other court...
Página 282 - But this does not prevent an inquiry into the jurisdiction of the court in which the original judgment was given, to pronounce it; or the right of the State itself to exercise authority over the person or the subject-matter.
Página 283 - It did not make the judgments of other States domestic judgments to all intents and purposes, but only gave a general validity, faith and credit to them as evidence. No execution can issue upon such judgments without a new suit in the tribunals of other States. And they enjoy not the right of priority or...
Página 611 - Papers are the owner's goods and chattels: they are his dearest property; and are so far from enduring a seizure, that they will hardly bear an inspection ; and though the eye cannot by the laws of England be guilty of a trespass, yet where private papers are removed and carried away, the secret nature of those goods will be an aggravation of the trespass, and demand more considerable damages in that respect.
Página 344 - By the law of the land, is most clearly intended, the general law; a law, which hears before it condemns; which proceeds upon inquiry, and renders judgment only after trial.
Página 286 - L. ed. 1170, 1189, it was said to be well settled that the jurisdiction of any court exercising authority over a subject "may be inquired into in every other court when the proceedings in the former are relied upon and brought before the latter by a party claiming the benefit of such proceedings...