Reports of Cases Argued and Determined in the Supreme Court of Michigan, Volumen2Callaghan, 1878 |
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Página 3
... rule of law on this subject , " that the sheriff , and each of his deputies , shall serve or execute according to law , all writs , precepts and orders issued or made lawful authority , and to him or them directed : " R. S. 1838 , p ...
... rule of law on this subject , " that the sheriff , and each of his deputies , shall serve or execute according to law , all writs , precepts and orders issued or made lawful authority , and to him or them directed : " R. S. 1838 , p ...
Página 4
... rule , in regard to criminal arrests , that bailiffs . and constables , if they be sworn , and commonly known as officers , while they need not show the parties to be appre- hended their warrant , though demanded , yet , are required to ...
... rule , in regard to criminal arrests , that bailiffs . and constables , if they be sworn , and commonly known as officers , while they need not show the parties to be appre- hended their warrant , though demanded , yet , are required to ...
Página 25
... rule , that the whole instrument is to be examined , and every part taken into consideration . As was said by Chief ... rule , I think , cannot be questioned . It is also a further well settled rule , that in the construc- tion of ...
... rule , that the whole instrument is to be examined , and every part taken into consideration . As was said by Chief ... rule , I think , cannot be questioned . It is also a further well settled rule , that in the construc- tion of ...
Página 32
... rule is , that where a thing is originally authorized by statute which could not be done at common law , then , in pleading , everything must be averred which the statute requires to bring the act done within it . Thus , in the case of ...
... rule is , that where a thing is originally authorized by statute which could not be done at common law , then , in pleading , everything must be averred which the statute requires to bring the act done within it . Thus , in the case of ...
Página 42
... rule being that no statute shall be construed to apply retrospectively , unless the intention of the legislature to give it such effect . clearly appears . We recognize the rule of construction contended for by the plaintiff's counsel ...
... rule being that no statute shall be construed to apply retrospectively , unless the intention of the legislature to give it such effect . clearly appears . We recognize the rule of construction contended for by the plaintiff's counsel ...
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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
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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.