The American and English Encyclopedia of Law, Volume 2John Houston Merrill, Thomas Johnson Michie, Charles Frederic Williams, David Shephard Garland E. Thompson, 1887 - Law |
Contents
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Common terms and phrases
action alleged Allen amount answer appear apply authority bail bailee Bank bankrupt Barb benefit bill bond brought cause charge child claim cloud common contract court creditors debt decree deed defendant demand deposit discharge discovery effect entitled equity evidence examination fact filed give given ground held husband intent interest Iowa issue Johns Jones judgment land liable marriage Mass matter meaning ment Miss nature necessary notice officer Ohio owner particular party payment person plaintiff pledge possession present proceedings proof proper proved purchaser question reasonable received recognizance rule Smith Stat statute Story Story Bailm sufficient suit taken term testimony tion trial trust unless Wall wife witnesses
Popular passages
Page 466 - The records and judicial proceedings of the courts of any state or territory, or of any such country, shall be proved or admitted in any other court within the United States, by the attestation of the clerk, and the seal of the court annexed, if there be a seal, together with a certificate of the judge, chief justice or presiding magistrate, that the said attestation is in due form.
Page 88 - To exercise by its board of directors or duly authorized officers or agents, subject to law, all such incidental powers as shall be necessary to carry on the business of banking; by discounting and negotiating promissory notes, drafts, bills of exchange, and other evidences of debt; by receiving deposits; by buying and selling exchange, coin, and bullion; by loaning money on personal security; and by obtaining, issuing, and circulating notes according to the provisions of this title.
Page 116 - The officers of the bank are held out to the public as having authority to act, according to the general usage, practice, and course of...
Page 542 - The power to regulate commerce comprehends the control for that purpose, and to the extent necessary, of all the navigable waters of the United States which are accessible from a state other than those in which they lie. For this purpose they are the public property of the nation, and subject to all the requisite legislation by Congress.
Page 434 - London, (the act of God, the queen's enemies, fire, and all and every other dangers and accidents of the seas, rivers, and navigation, of whatever nature and kind soever, excepted,) unto order or to assigns, he or they paying freight for the said goods at 51.
Page 466 - Judicial proceedings, authenticated as aforesaid, shall have such faith and credit given to them in every court within the United States as they have by law or usage in the courts of the state from whence the said records are or shall be taken.
Page 456 - In general, a sum of money in gross, to be paid for the non-performance of an agreement, is considered as a penalty, the legal operation of which is to cover the damages which the party, in whose favor the stipulation is made, may have sustained from the breach of contract by the opposite party.
Page 239 - ... the master or other person signing the same, notwithstanding that such goods or some part thereof may not have been so shipped, unless such holder of the bill of lading shall have had actual notice at the time of receiving the same that the goods had not been in fact laden on board: Provided, that the master or other person so signing may exonerate himself in respect of such misrepresentation by showing that it was caused without any default on his part, and wholly by the fraud of the shipper...
Page 127 - A base, or qualified fee, is such a one as hath a qualification subjoined thereto, and which must be determined whenever the qualification annexed to it is at an end. As, in the case of a grant to A and his heirs, tenants of the manor of Dale; in this instance, whenever the heirs of A cease to be tenants of that manor, the grant is entirely defeated.
Page 144 - ... if the evidence of the mother be corroborated in some material particular by other testimony to the satisfaction of the said Justices, they may adjudge the man to be the putative father of such bastard child...