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action admitted alleged amount answer appear applied assignment authorised authority believed benefit bill bond brought cause Chancery charge Circuit court circumstances common competent complainant consideration considered contained contract counsel county court damages debt decision decree defendant determine directed dollars drawer effect entitled error evidence exceptions execution fact favor filed give given ground hands held indorsement instructions intended interest issue Judge judgment jury justice land matter ment mortgage nature necessary notice objection offered opinion paid parties payable payment person plaintiff plaintiff in error plea possession present principle proceedings proof prove purchase question reason received record recover reference rendered respects reversed Robinson rule shew slave statute sued sufficient suit sustained taken term testimony tion trial true unless verdict witnesses writ
Page 177 - It is not enough that there is a remedy at law ; it must be plain and adequate, or, in other words, as practical and efficient to the ends of justice and its prompt administration as the remedy in equity.
Page 448 - And thus it is that every person is bound and hath virtually agreed to pay such particular sums of money as are charged on him by the sentence, or assessed by the interpretation, of the law.
Page 44 - That this species of testimony supposes some better testimony which might be adduced in the particular case, is not the sole ground of its exclusion. Its intrinsic weakness, its incompetency to satisfy the mind of the existence of the fact, and the frauds which might be practiced under its cover combine to support the rule that hearsay evidence is totally inadmissible.
Page 183 - A mortgage is the conveyance of an estate, by way of pledge for the security of debt, and to become void on payment of it.
Page 232 - The result of the cases is this: if upon sale with a warranty, or if by the special terms of the contract, the vendee is at liberty to return the article sold, an offer to return it is equivalent to an offer accepted by the vendor, and, in that case, the contract is rescinded and at an end, which is a sufficient defence to an action brought by the vendor for the purchase money, or to enable the vendee to maintain an action for money had and received in case the purchase money has been paid.
Page 85 - The part of the bill of exceptions, to which this assignment relates, is in the following words: "The defendant offered to prove that a parol contract had been entered into between the parties, by which the plaintiff agreed to sell and the defendant to purchase the land described in the declaration, for a stipulated price; that before the consummation of the contract the plaintiff sold to another person; and that after the time of making the contract and before the sale of the land by the plaintiff...
Page 199 - ... the owner is an infant, non-resident, or non compos mentis, then it shall be lawful for the president and directors of said company to apply to the sheriff of...
Page 296 - It is admitted that in Hardres, 485., the court held that debt does not lie by the payee of a bill of exchange against the acceptor. The reasons given for this opinion were, first, that there is no privity of contract between the parties; and, secondly, that an acceptance is only in the nature of a collateral promise or engagement to pay the debt of another, which does not create a duty.