The Quarterly Law Journal, Том 2J.W. Randolph, 1857 |
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action Adams admitted agreement alleged amount appears appellee applied assumpsit attorney authority bill bond Carroll County Chap charge choses in action Circuit Court claim Code common law contract conveyance conveyed County Court court of equity creditor damages debt debtor decision declaration decree deed deed of trust defendant docket doctrine dollars duty effect entitled evidence ex'ors execution executors fact fendant fiction forfeiture fraud give given ground Hanover held husband indictment interest John John Adams Judge judgment jury justice land legal fictions liable lien Lord matter ment notice objection offence opinion paid parties payment person Peter Kerns plaintiff plaintiff in error possession present principle prisoner proof proved provisions purchase question recover Richard Adams rule seal slave sold statute suit term testator testimony tion trial trust usurious verdict vessel Virginia wife witness Wythe county
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Страница 34 - Now if there be no lawful cause to obstruct the said marriage then the above obligation to be void, else to remain in full force and virtue.
Страница 40 - In one word, the gist of this kind of action is, that the defendant, upon the circumstances of the case, is obliged by the ties of natural justice and equity to refund the money.
Страница 33 - Act providing for the deposite of wines and distilled spirits in public warehouses, and for other purposes," there to be kept with due and reasonable care, at the charge and risk of the owner, importer, consignee or agent, and subject at all times to their order upon payment of the proper duties and expenses...
Страница 267 - Wheeler, of the county and state aforesaid, of the second part, witnesseth: That the said party of the first part for and In consideration of the sum of two hundred and twenty-five dollars to me In hand paid, the receipt whereof is hereby acknowledged, have given, granted, bargained and sold, and by these presents do give, grant, bargain and sell, alien, convey and confirm unto the said party of the second part...
Страница 40 - But it lies for money paid by mistake, or upon a consideration which happens to fail, or for money got through imposition (express or implied), or extortion, or oppression, or an undue advantage taken of the plaintiff's situation, contrary to laws made for the protection of persons under those circumstances.
Страница 41 - But where money is paid under a mistake, which there was no ground to claim in conscience, the party may recover it back again by this kind of action.
Страница 340 - ... on paper the whole of their contract in all its terms, but those only which were necessary to be determined in the particular case by specific agreement, and which of course might vary infinitely, leaving to implication and tacit understanding all those general and unvarying incidents which...
Страница 360 - ... then this obligation to be void, or else to remain in full force and virtue of law.
Страница 262 - A servant, when he engages to serve a master, undertakes, as between himself and his master, to run all the ordinary risks of the service, including the risk of negligence upon the part of a fellowservant when he is acting in the discharge of his duty as servant of him who is the common master of both...
Страница 367 - In general, a sum of money, in gross, to be paid for the nonperformance 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.