Reports of Cases Argued and Determined in the Supreme Court of Michigan, Volumen2Callaghan, 1878 |
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Página 57
... levy , and might be entirely defeated by a sale under it . So also , of a prior mortgage ; upon a foreclosure and sale , the title would pass to the purchaser , who , after the expiration of the time of redemption , would hold the ...
... levy , and might be entirely defeated by a sale under it . So also , of a prior mortgage ; upon a foreclosure and sale , the title would pass to the purchaser , who , after the expiration of the time of redemption , would hold the ...
Página 59
... levy and sale of the property would clearly convey only the debtor's interest in the * premises . The proceed [ 60 ] ing by scire facias is also given against the debtor , or owner of the building , and results in a judgment against the ...
... levy and sale of the property would clearly convey only the debtor's interest in the * premises . The proceed [ 60 ] ing by scire facias is also given against the debtor , or owner of the building , and results in a judgment against the ...
Página 147
... levy on real estate is not a prima facie satisfaction of the debt . ( a ) [ 150 ] An alias fi . fa , issued on return of a previous execution levied upon real estate which remained unsold for want of bidders , is irregular merely , but ...
... levy on real estate is not a prima facie satisfaction of the debt . ( a ) [ 150 ] An alias fi . fa , issued on return of a previous execution levied upon real estate which remained unsold for want of bidders , is irregular merely , but ...
Página 148
... levy was given to the defendant , or to the person in possession of the property ; when or what manner notice of sale of the prop- erty was given ; whether notice was given of postponements of the sale which appeared to have been made ...
... levy was given to the defendant , or to the person in possession of the property ; when or what manner notice of sale of the prop- erty was given ; whether notice was given of postponements of the sale which appeared to have been made ...
Página 149
... levy : 9 Cow . , 274 ; 1 Wheat . , 213 ; R. S. 1838 , pp . 452 , 453 , §§ 11 , 16 . The alias fi . fa . was not merely voidable , but void ; 1 * Ohio R. , 218 ; 6 Id . , 2 ; 7 Cow . , 70 , 735 ; 5 Wheel . [ 152 ] Am . C. L. , 208 , 190 ...
... levy : 9 Cow . , 274 ; 1 Wheat . , 213 ; R. S. 1838 , pp . 452 , 453 , §§ 11 , 16 . The alias fi . fa . was not merely voidable , but void ; 1 * Ohio R. , 218 ; 6 Id . , 2 ; 7 Cow . , 70 , 735 ; 5 Wheel . [ 152 ] Am . C. L. , 208 , 190 ...
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Términos y frases comunes
action admitted affidavit agreement alleged amount answer appear apply assignment attachment authority Bank bill bond brought cause charge circuit court cited claim common complainant consideration considered constitution construction contract corporation counsel creditors debt decided decree dedication deed defendant delivered determined direct effect entitled error evidence execution existence express facts filed further give given granted ground guardian held indorser intention interest issued Johns judge judgment jurisdiction jury justice land lease levy lien matter ment Michigan mortgage motion necessary notice object opinion party payment person plaintiff plea possession premises present principle proceedings prove purchase question reason received record referred remedy rendered respect rule sheriff statute street sufficient suit taken term tion trial valid void whole witness writ
Pasajes populares
Página 474 - 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, until reversed, Is regarded as binding In every other court But, If It act without authority, Its Judgments and orders are regarded as nullities. They are not voidable, but simply void, and form no bar to a recovery sought, even prior to a reversal, in opposition to them.
Página 509 - ... by the burning, tearing, or otherwise destroying the same by the testator, or by some person in his presence and by his direction, with the intention of revoking the same.
Página 472 - If the law confers the power to render a judgment or decree, then the court has jurisdiction; what shall be adjudged or decreed between the parties, and with which is the right of the case, is judicial action, by hearing and determining it.
Página 195 - ... the Constitution of the United States which prohibits a State from passing any law impairing the obligation of a contract. Whatever is granted is secured subject only to the limitations and reservations in the charter or in the laws or constitutions which govern it.
Página 101 - ... hereditaments, shall at any time after the said four and twentieth day of June be assigned, granted or surrendered, unless it be by deed or note in writing, signed by the party so assigning, granting or surrendering the same, or their agents thereunto lawfully authorized by writing, or by act and operation of law.
Página 474 - This distinction runs through all the cases on the subject; and it proves that the jurisdiction of any court exercising authority over a subject, may be inquired into in every court where the proceedings of the former are relied on and brought before the latter, by the party claiming the benefit of such proceedings.
Página 474 - Upon principle it would seem that the operation of every judgment must depend on the power of the court to render that judgment, or, in other words, on its jurisdiction over the subject-matter which it has determined.
Página 144 - When any person shall die seized of any lands, tenements or hereditaments, or of any right thereto, or entitled to any interest therein in fee simple, or for the life of another, not having lawfully devised the same, they shall descend, subject to his debts, in the manner following: First.
Página 326 - No person shall be held to answer for a criminal offense unless on the presentment or indictment of a grand jury, except in cases of impeachment or in cases cognizable by justices of the peace, or arising in the army or navy, or in the militia when in actual service in time of war or public danger...
Página 469 - The power to hear and determine a cause is jurisdiction. It is coram judice whenever a case is presented which brings this power into action.