A Treatise on the Law of Judgments: Including the Doctrine of Res Judicata, Том 1 |
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Често срещани думи и фрази
adjudication amendment amount appear ascertained attack authority Bank cause of action clerk collateral common law confess judgment confession of judgment contract court court of equity coverture creditor damages debt debtor decision declaration defective defendant defendant's demurrer docket entered entry of judgment equity erroneous error evidence execution fact favor filed final judgment garnishee guardian ad litem habeas corpus held impeached infant interlocutory Iowa irregular issue joint Jones judg judgment by default judgment rendered judicial jury Kans liable married woman ment merely Minn Miss motion in arrest N. W. Rep Nebr notice nullity nunc pro tunc Ohio St parties person plaintiff plea pleadings proceedings proper question record render judgment rendition reversed rule service of process Smith statute sufficient suit term tion trial vacation valid verdict void voidable warrant of attorney writ
Популярни откъси
Страница 267 - 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.
Страница 279 - Process from the tribunals of one state cannot run into another state, and summon parties there domiciled to leave its territory and respond to proceedings against them. Publication of process or notice within the state where the tribunal sits cannot create any greater obligation upon the nonresident to appear. Process sent to him out of the state, and process published within it, are equally unavailing in proceedings to establish his personal liability.
Страница 296 - I cannot doubt that, upon general principles, such a defect must avoid a judgment. It is impossible to concede that because A and B are parties to a suit, a court can decide any matter in which they are interested, whether such matter be involved in the pending litigation or not. Persons, by becoming suitors, do not place themselves for all purposes under the control of the court, and it is only over those particular interests which they choose to draw in question that a power of judicial decision...
Страница 250 - In an action against several defendants, the court may, in its discretion, render judgment against one or more of them, leaving the action to proceed against the others, whenever a several judgment may be proper.
Страница 452 - ... any fact which clearly proves it to be against conscience to execute a judgment, and of which the injured party could not have availed himself in a court of law, or of which he might have availed himself at law, but was prevented by fraud or accident unmixed with any fault or negligence in himself or his agents, will justify an application to a court of chancery.
Страница 308 - On the other hand, if the action or proceeding has an independent purpose and contemplates some other relief or result, although the overturning of the judgment may be important or even necessary to its success, then the attack upon the judgment is collateral.
Страница 63 - A married woman shall be capable of entering into and rendering herself liable in respect of and to the extent of her separate property on any contract, and of suing and being sued, either in contract or in tort, or otherwise, in all respects as if she were a feme sole...
Страница 366 - ... there shall be in this State hereafter, but one form of action, for the enforcement or protection of private rights and the redress or prevention of private wrongs, which shall be denominated a civil action.
Страница 465 - Where the unsuccessful party has been prevented from exhibiting fully his case, by fraud or deception practiced on him by his opponent, as by keeping him away from court, a false promise of a compromise; or where the defendant never had knowledge of the suit, being kept in ignorance by the acts of the plaintiff...
Страница 460 - The question of fraud which is open to examination In such case Is as to something which Intervened In the proceedings by which the Judgment was obtained, and It must have occurred In the very concoction or procuring of the judgment, and not have been known to the opposite party at the time. and for not knowing which he Is not chargeable with neglect or Inattention.