Reports of Cases Argued and Determined in the Supreme Court of Michigan, Volumen2Callaghan, 1878 |
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Página 5
... suit was brought by Webster & Carpenter , against Prentiss , to recover damages for his neglect to attend as a witness on the trial , before a justice's court , of a cause wherein they were plaintiffs , and one Dryer was defendant . The ...
... suit was brought by Webster & Carpenter , against Prentiss , to recover damages for his neglect to attend as a witness on the trial , before a justice's court , of a cause wherein they were plaintiffs , and one Dryer was defendant . The ...
Página 7
... suit of the party injured , to recover such damages as are immediately consequential upon his neglect . Such damages appear to have been proved in this case . 3. It is also contended that the judgment is erroneous , because the ...
... suit of the party injured , to recover such damages as are immediately consequential upon his neglect . Such damages appear to have been proved in this case . 3. It is also contended that the judgment is erroneous , because the ...
Página 8
... suit . It is true that the same facts might sometimes afford an excuse on a charge for con- tempt , and a defense in a suit for private damages , but the facts relied on should be shown in evidence in each case . It can be no answer to ...
... suit . It is true that the same facts might sometimes afford an excuse on a charge for con- tempt , and a defense in a suit for private damages , but the facts relied on should be shown in evidence in each case . It can be no answer to ...
Página 9
... suit , and in form joint and several . Plea , non est factum . It appeared on the trial that the bond was originally drawn in the penalty of $ 25,000 , and was thus signed by Munger , and by six others of the defendants , as his ...
... suit , and in form joint and several . Plea , non est factum . It appeared on the trial that the bond was originally drawn in the penalty of $ 25,000 , and was thus signed by Munger , and by six others of the defendants , as his ...
Página 14
... suit was brought . 2. A different question is presented as to the effect of the alteration upon the liability of the other seventeen obligors . They executed the bond , which , it is to be observed , is joint and several , as it is ...
... suit was brought . 2. A different question is presented as to the effect of the alteration upon the liability of the other seventeen obligors . They executed the bond , which , it is to be observed , is joint and several , as it is ...
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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.