Michigan Reports: Cases Decided in the Supreme Court of Michigan, Volume 1Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, William Jennison, Elijah W. Meddaugh, William Dudley Fuller, Hovey K. Clarke, John Adams Brooks, Hoyt Post, Henry Allen Chaney, James M. Reasoner, Richard W. Cooper, Marquis B. Eaton, Herschel Bouton Lazell Phelphs & Stevens, printers, 1852 |
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Página 32
... debt dischar- ged the defendant . The constable is commanded to make the money on the execution ; he cannot levy if the money is tendered to him , and therefore a payment is , equally with a sale of defendant's property , a discharge ...
... debt dischar- ged the defendant . The constable is commanded to make the money on the execution ; he cannot levy if the money is tendered to him , and therefore a payment is , equally with a sale of defendant's property , a discharge ...
Página 33
... debt- or's property was taken and sold , so far as the justice was concerned , he received the bills from the constable as in this case , so that the position of the plaintiff in this case is the same as that of the justice in that case ...
... debt- or's property was taken and sold , so far as the justice was concerned , he received the bills from the constable as in this case , so that the position of the plaintiff in this case is the same as that of the justice in that case ...
Página 36
... debt cre- ated subsequent to the discharge of the bankrupt ; but the debt was founded upon a judgment from which the defendant in the court be- low had been discharged : the judgment had , in contemplation of law , been paid and ...
... debt cre- ated subsequent to the discharge of the bankrupt ; but the debt was founded upon a judgment from which the defendant in the court be- low had been discharged : the judgment had , in contemplation of law , been paid and ...
Página 37
... debt created by the judgment ren- dered in this court had not in fact been paid , but the judgment in the court below , upon which the judgment of this court is based . This is but the exercise of an equitable power over its own ...
... debt created by the judgment ren- dered in this court had not in fact been paid , but the judgment in the court below , upon which the judgment of this court is based . This is but the exercise of an equitable power over its own ...
Página 39
... debt , and such householder is authorized to give in evidence the determination of the jury aforesaid , and upon the evidence thus produced , judgment shall be entered for a sum not exceeding the penalty named in the 5th section of this ...
... debt , and such householder is authorized to give in evidence the determination of the jury aforesaid , and upon the evidence thus produced , judgment shall be entered for a sum not exceeding the penalty named in the 5th section of this ...
Outras edições - Ver tudo
Palavras e frases frequentes
affidavit agent alleged appear assignment attorney authority averment bank bill boat or vessel bond Campau cause of action Certified accordingly certiorari chancellor chancery Chene Chippewa County circuit court claim clause commenced common law complainants contract conveyance counsel county court court of chancery court of equity creditor debt declaration decree deed defendant demurrer dower entitled equity error evidence execution facts feme covert filed given granted held indictment intended issue judge judgment jurisdiction jury justice land legislature license lien matter ment mill mortgage object opinion party payment person plaintiff plaintiff in error plea plead possession premises presumption proceedings proof proved purchaser question record recover referred remedy rendered repealed replevin rule says seizin sheriff statute of limitations suit supreme court surety territory of Michigan tion township trial usury verdict void Wayne Wendell writ
Passagens conhecidas
Página 71 - The distinction between the obligation of a contract, and the remedy given by the legislature to enforce that obligation, has been taken at the bar, and exists in the nature of things. Without impairing the obligation of the contract, the remedy may certainly be modified as the wisdom of the nation shall direct.
Página 356 - States, to be paid to the said , for the payment of which, well and truly to be made, we bind ourselves, our heirs, executors and administrators, jointly and severally, firmly by these presents.
Página 15 - If the premises for which the action is brought, are actually occupied by any person, such actual occupant shall be named defendant in the declaration ; if they are not so occupied, the action must be brought against some person exercising acts of ownership on the premises claimed, or claiming title thereto, or some interest therein, at the commencement of the suit.
Página 141 - If any person authorized by any statute of this state to take perjury. an oath, or if any person of whom an oath shall be required by law, shall wilfully swear falsely, in regard to any matter or thing, respecting which such oath is authorized or required, such person shall be deemed guilty of perjury, and shall be punished by imprisonment . in the state prison as provided in the preceding section.
Página 2 - ... part of the personal estate ; and this law relative to descents and dower, shall remain in full force, until altered by the legislature of the district.
Página 499 - But when the subject matter of a negative averment lies peculiarly within the knowledge of the other party, the averment is taken as true unless disproved by that party. Such is the case in civil or criminal prosecutions for a penalty for doing an act which the statutes do not permit to be done by any persons, except those who are duly licensed therefor ; as, for selling liquors, exercising a trade or profession, and the like. Here the party, if licensed, can immediately show it without the least...
Página 219 - French, did then and there feloniously and willfully kill, contrary to the form of the statute in such case made and provided, and against the peace of the people of the state of New York and their dignity.
Página 45 - ... not a sufficient acknowledgment of the debt to take it out of the statute, since it did not involve an express or implied promise to pay the debt.
Página 15 - Defendant moved to set aside the verdict, and for a new trial, on the following grounds: 1st.
Página 510 - ... void ; for when an act of parliament is against common right and reason, or repugnant or impossible to be performed, the common law shall control this, and adjudge such act to be void.