Reports of Cases Argued and Determined in the Supreme Court of the State of Vermont: Reported by the Judges of Said Court, Agreeably to a Statute Law of the State, Volumen14 |
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Resultados 1-5 de 100
Página 12
... the statute of limitations . The action was commenced July 6 , 1836. The question is , at what time the cause of action accrued on the contract of January , guaranty , and this depends on the construction 12 CASES IN THE SUPREME COURT.
... the statute of limitations . The action was commenced July 6 , 1836. The question is , at what time the cause of action accrued on the contract of January , guaranty , and this depends on the construction 12 CASES IN THE SUPREME COURT.
Página 28
... question whether the rule of evidence , excluding parol , might not have been waived . If the facts set up in the plea go to defeat the note , as has been argued , for want of consideration , they would have avail- ed the party under ...
... question whether the rule of evidence , excluding parol , might not have been waived . If the facts set up in the plea go to defeat the note , as has been argued , for want of consideration , they would have avail- ed the party under ...
Página 29
... question , and that this de- fendant paid the residue ; that , at the time of the purchase , it was mutually agreed between the said John Beach , the fa- ther , and the said Robert and this defendant , that the plain- tiff should take ...
... question , and that this de- fendant paid the residue ; that , at the time of the purchase , it was mutually agreed between the said John Beach , the fa- ther , and the said Robert and this defendant , that the plain- tiff should take ...
Página 32
... question presented is , whether , at law , the title of the cestui que trust shall prevail against that of the trustee . In the action of ejectment , in England , when the right of possession , only , is determined , the plaintiff must ...
... question presented is , whether , at law , the title of the cestui que trust shall prevail against that of the trustee . In the action of ejectment , in England , when the right of possession , only , is determined , the plaintiff must ...
Página 35
... question as to the rate of interest to be allowed on notes drawn as these were , payable with interest , does not necessarily arise in this case . But had they been payable with interest we contend that only six per cent . could be ...
... question as to the rate of interest to be allowed on notes drawn as these were , payable with interest , does not necessarily arise in this case . But had they been payable with interest we contend that only six per cent . could be ...
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Términos y frases comunes
action on book admitted aforesaid agent agreement Alburgh alleged amount appear assumpsit attorney auditor bail Barton Baxter BENNINGTON bill CALEDONIA charge CHITTENDEN claim common law consideration contract conveyance conveyed county court court was delivered coverture creditor damages debt debtor decision declaration deed defendant defendant's dollars dower entitled evidence execution facts favor February fendant Gillett GRAND ISLE grantor held husband indorsement intended interest issue JACOB COLLAMER James Leach January Johns judgment jury justice land Leach liable March ment Norton opinion orator paid parties payable payment person plaintiff plea pleaded possession premises principle promissory note purchase question received recover rendered road Royalton rule Scott selectmen sheriff Slason statute statute of limitations Stearns STEPHEN ROYCE suit term thereon tiff tion town town of Royalton trial trover trustee verdict Waterford wife WINDSOR Windsor county witness writ
Pasajes populares
Página 97 - 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 244 - Aqua currit et debet currere ut currere solebat, is the language of the law. Though he may use the water while it runs over his land as an incident to the land, he cannot unreasonably detain it or give it another direction, and he must return it to its ordinary channel when it leaves his estate.
Página 513 - States, where the real estate passes immediately to the heir, and is not assets in the hands of the administrator for the payment of debts, a more stringent rule of interpretation might be favored, whereby a devise of 'money' would be held not to include the real estate, under any circumstances.
Página 271 - In delivering his opinion, he said: ' It was once observed, in the Supreme Court, 6 Johns. (NY ) 21, that acknowledgments of the party, as to title to real property, are a dangerous species of evidence; and, though good to support a tenancy, or to satisfy doubts in cases of possession, they ought not to be received as evidence of title, as it would counteract the beneficial purposes of the statute of frauds.
Página 16 - CD afterwards, to wit, on, etc. entered into and upon all and singular the said demised premises, with the appurtenances, and became and was possessed thereof, for the said term so to him thereof granted as aforesaid.
Página 436 - An officer de facto Is one who comes in by the forms of an election or appointment...
Página 36 - Story is obliged to admit that " there is no doubt that the " phrase lex loci contractus may have a double meaning or " aspect ; and that it may indifferently indicate the place " where the contract is actually made, or that where it " is virtually made according to the intent of the parties; " that is, the place of payment or performance
Página 434 - Nor shall any person, holding any office of profit or trust under the authority of Congress, be eligible to any appointment in the legislature, or of holding any executive or judiciary office under this state.
Página 420 - ... 1. That the evidence has come to his knowledge since the trial. 2. That it was not owing to the want of due diligence that it did not come sooner.
Página 120 - that the right of the wife to dower in the husband's lifetime is a nonentity, and not susceptible of fraud being perpetrated of it, is unsatisfactory, and, we think, unsound, and at war with the principles of justice. Though the right may be inchoate, it should be protected against the mala fide acts of the husband.