Reports of Cases Argued and Determined in the Supreme Court of Appeals of Virginia: With Select Cases Relating Chiefly to Points of Practice, Decided by the Superior Court of Chancery for the Richmond District ... [1806-1810], Volume 12Smith & Maxwell, printers, 1809 |
No interior do livro
Resultados 1-5 de 100
Página 16
... seems , a right so to consider it : and now to allow the plaintiffs an tention to ap- appeal would be to allow them a possible advantage from peal , declar- ed by his their own neglect , to the injury , possibly , of the defend- ants ...
... seems , a right so to consider it : and now to allow the plaintiffs an tention to ap- appeal would be to allow them a possible advantage from peal , declar- ed by his their own neglect , to the injury , possibly , of the defend- ants ...
Página 37
... seems rather specious than solid ; for long experience hath taught us that witnesses , especially those at a distance , do fre- quently fail to attend , when summoned , on very frivolous pretences . I therefore concur in opinion , that ...
... seems rather specious than solid ; for long experience hath taught us that witnesses , especially those at a distance , do fre- quently fail to attend , when summoned , on very frivolous pretences . I therefore concur in opinion , that ...
Página 40
... seems to have forgotten that , in such case , it must have been proved that satisfaction was really made , which is not done in this ( b ) See 18 Vi- case . ( b ) ner , 352. 1 Bac . Abr . 41 . As to what he says of a judgment , it is ...
... seems to have forgotten that , in such case , it must have been proved that satisfaction was really made , which is not done in this ( b ) See 18 Vi- case . ( b ) ner , 352. 1 Bac . Abr . 41 . As to what he says of a judgment , it is ...
Página 43
... seems to ( a ) 1 Esp . have been admitted , that , if the plea had shewn how the money was paid by one of the defendants , it would have been a bar to a recovery against the other ; which is pre- cisely the present case . 415 . MARCH ...
... seems to ( a ) 1 Esp . have been admitted , that , if the plea had shewn how the money was paid by one of the defendants , it would have been a bar to a recovery against the other ; which is pre- cisely the present case . 415 . MARCH ...
Página 48
... seems , that it ought to be shewn that the plaintiff was a creditor at the time of the levy , the Court not being authorised to levy money in advance upon the people . Judgment ought never to be given , in a summary way , in favour of ...
... seems , that it ought to be shewn that the plaintiff was a creditor at the time of the levy , the Court not being authorised to levy money in advance upon the people . Judgment ought never to be given , in a summary way , in favour of ...
Outras edições - Ver tudo
Palavras e frases frequentes
acres act of Assembly action admitted affirmed aforesaid alleged Anderson answer appeal appellee APRIL assigned assumpsit awarded Barbara Carr bill of exceptions bond Burnley cause Chancellor Charles Neale circumstances Cogbill commissioners Commonwealth contended counsel County Court Court of Chancery Court of Equity damages debt declaration decree deed defendant deposition dismissed District Court error evidence Ex'rs execution executor favour fieri facias Freelands given grant ground injunction inspectors interlocutory decree issue John Judge FLEMING Judge ROANE Judge TUCKER judgment Jury land legatees Legislature liable ment monwealth mortgaged Nanny negroes Nelson obligor obtained opinion paid paper parties payment person plaintiff plea pleaded prove purchaser question record release reversed Richard Anderson Richmond District Robert Carter Robert Pollard sheriff shew shewn slaves sold sufficient suit Superior Court supersedeas survey taken taxes testator testimony thereof Thomas tion tobacco tract trespass trial Upshaw verdict witness writ
Passagens conhecidas
Página 310 - That in controversies respecting property, and in suits between man and man, the ancient trial by jury is preferable to any other, and ought to be held sacred.
Página 299 - Where the debtor has absconded or absented himself from his usual place of abode, or is about to abscond or absent himself, so that the ordinary process of law cannot be served upon him.
Página 51 - State, which authorizes it, is repugnant to that provision of the Constitution of the United States which says that no State shall pass any law impairing the obligation of contracts.
Página 494 - But a testament of chattels, written in the testator's own hand, though it has neither his name nor seal to it, nor witnesses present at its publication, is good, provided sufficient proof can be had that it is his hand writing.
Página 290 - ... the same shall be taken as to the creditors and purchasers of the persons aforesaid, so remaining in possession, to be fraudulent within this act, and that the absolute property is with the possession, unless such loan, reservation, or limitation of use or property, were declared by will or by deed, in writing proved, and recorded as aforesaid.
Página 290 - ... where any loan of goods and chattels shall be pretended to have been made to any person with whom, or those claiming under him, possession shall have remained by the space of five years, without demand made and pursued by due process at law, on the part of the pretended lender...
Página 46 - I am therefore of opinion that the judgment ought to be affirmed.
Página 383 - The judgment of the circuit court must be reversed, the verdict set aside, and the cause remanded for a new trial to be had not in conflict with the views herein expressed.
Página 426 - ... which judgment shall be final in actions of debt founded on any specialty, bill, or note in writing, ascertaining the demand, unless the plaintiff shall choose in any such case to have a writ of inquiry of damages; and in all other cases the damages shall be ascertained by a jury, to be impaneled and sworn to inquire thereof, as is hereinafter directed.
Página 150 - That the Grand Assembly, as formerly, should convene and transact the affairs of Virginia, doing nothing contrary to the Government of the Commonwealth or laws of England.