A Treatise Upon Some of the General Principles of the Law: Whether of a Legal, Or of an Equitable Nature, Including Their Relations and Application to Actions and Defenses in General, Whether in Courts of Common Law, Or Courts of Equity; and Equally Adapted to Courts Governed by Codes, Том 6

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W. Gould & Son, 1879
 

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Съдържание

CHAPTER CXXVII
44
TRESPASS Continued PAGE Section 3 What acts do not amount to a trespass
63
What title or interest plaintiff must have
64
What title or possession sufficient
65
What title or possession not sufficient
68
Entry under judicial process or order
69
Wrongful acts after rightful entry Section 9 Entry to remove personal property
70
Trespass by animals
71
Who may maintain the action Section 1 In general
74
Joinder of plaintiff Article VI Who may be sued Section 1 In general
78
Joint trespass Section 3 Landlord or tenant
79
A mortgagor or mortgagee
80
Joint tenants or tenants in common
81
Damages Section 7 Double and treble damages Section 8 Judgment
84
Article VII Defenses Section 1 In general
85
License Section 3 Legal process
86
Title in defendant Section 5 Title out of plaintiff Section 6 Title in a third person Article VIII Trespass to try title Section 1 In general
90
Who may maintain the action Section 3 What title plaintiff must show
91
Who made defendant
92
Defenses Section 6 Second action Section 7 Verdict
93
Damages Section 9 Judgment and its effect Section 10 Writ of possession
94
Trespass to personal property Section 1 Definition and nature
95
What acts constitute a trespass
96
What acts are not a trespass
97
Who may maintain the action Section 5 What title or possession required
101
What title or possession sufficient
103
Property in custody of an officer Section 8 Property in care of servant or agent Section 9 Goods of deceased persons
104
TRESPASS Continued PAGR Section 10 Taking of exempt property by officer
106
Taking by private person
107
Collection of taxes
108
Who may be sued
109
Joint trespassers
110
Defense of person or property
111
Acts done under lawful process
112
Damages
113
Judgment and its effect
114
Trespass to the person Section 1 In general
115
Who may be sued
118
Motive or intent
119
Defense of person or property
120
Acts under judicial authority or process
122
What process is or is not a protection
123
Damages
124
Judgment
125
CHAPTER CXXVIII
128
When the action will
129
When the action will not
135
Who liable to the action
140
Who not liable to the action
142
Perfecting the right of action
147
What title or possession is required
151
What property may be converted
155
What property is not a subject of conversion
157
Of the conversion Section 1 In general
163
What is a conversion
164
What is not a conversion
179
Between tenants in common
186
Between buyer and seller
187
Between landlord and tenant
190
Between husband and wife Section 8 Between bailor and bailee
191
TROVER Continued PAGE Section 9 Between pledgor and pledgee
194
Conversion by warehousemen Section 11 Between principal and agent
195
Between mortgagor and mortgagee
196
Conversion by a carrier Section 14 Conversion by the hirer of a chattel
197
Conversion by an officer
200
Conversion by claim of interest or right Section 17 Conversion by claim of lien 20
201
Conversion by sale
202
Stolen goods
203
Of demand and refusal
205
What is a suffioient demand
207
What is not a sufficient demand
210
When a refusal is a conversion
211
When a refusal is not evidence of a conversion
212
Of the remedy by action
214
Who may sue Section 3 Who cannot maintain the action
217
Who may be sued
219
Return of the property
220
Title in third person
221
Damages
222
Judgment and its effect
224
CHAPTER CXXIX
226
When the action lies
228
When the action does not
229
Who may maintain the action
230
Whc cannot maintain the action
231
Against whom the action lies
232
Against whom the action does not lie
233
Amount of recovery
234
Defenses
235
Judgment
237
CHAPTER CXXX
238
WASTE Continued PAGE
240
CHAPTER CXXXI
258
Prior occupation
269
Backwater
275
Article III Defenses
285
WATER AND WATERCOURSES Continued PAGE Section 5 By grant
289
Statutes
291
Right reserved
292
Limitations
293
CHAPTER CXXXII
296
Definition and nature 296 Section 1 Definition and nature Section 2 What are highways
297
What are not highways Section 4 Eminent domain
300
Of title by grant
303
Title by dedication
304
Who may dedicate
306
How dedicated
307
Acceptance
309
Section 10 Limits of the dedication
310
Evidence or presumption of dedication
312
Rebutting presumption of dedication
315
Title by prescription
317
Title by user 318 Section 14 Title by user Section 15 Rights of adjoining landowners
319
Damages recoverable
340
Use of highways 3 47
341
Duties and liabilities in using Section 4 Law of the road
342
Rights of foot passengers Section 6 Rate of speed
344
Roadworthiness Section 9 Collisions
345
Going over adjoining lands
346
Actions for injuries
347
Private ways
348
WAYS AND HIGHWAYS Continued
349
Lost by merger
362
CHAPTER CXXXIV
377
PART II
393
ABATEMENT Continued PAGE
397
CHAPTER II
408
CHAPTER I
424
CHAPTER IV
432
ADVERSE POSSESSION
436
CHAPTER VI
459
CHAPTER VII
469
ALS OF TEATIORINSTRUMENTS Continued
478
ABATEMENT
496
ANOTHER ACTION PENDING Continued PAGE Section 2 It must be a prior action
497
The prior action must be in a competent court
498
The action must be one between the same parties
499
The action must be for the same cause
500
Whether at law or in equity
502
Actions in foreign courts
503
Actions in another State
504
Effect of a writ of error
505
CHAPTER IX
506
Commonlaw submission
507
Parties to submission
510
What matters are submitted
513
Of agreements to submit
515
Revocation
516
Who may be arbitrators
518
General powers and duties
519
Of umpires
523
At what time
532
General form and requisites
534
Award must not exceed and must be coextensive with the submission
537
Must be entire and possible Section 16 Must be mutual
540
Must be final 422
542
Must be certain
543
487
546
Recommitting
548
Effect of an award
550
Action at law on award
551
Suit in equity
552
Action upon arbitration bond
554
CHAPTER X
556
490
561
CHAPTER XI
567
CHAPTER XII
583
CHAPTER XIII
602
CUSTODY OF THE
616
CHAPTER XVI
621
CHAPTER XVII
639
DERESS
649
CHAPTER XX
665
CHAPTER XXI
672
CHAPTER XXII
679
93
682
Opposite party induced to act upon it
685
What declarations will estop
694
When a petition will not estop
700
Silence when not an estoppel
707
Section 26 Certifying checks
713
CHAPTER VIII
716
EVICTION Continued PAGE
722
CHAPTER XXV
762
FORMER ADJUDICATION Continued PAGE Section 11 Effect of judgment of dismissal
774
Effect of judgment on demurrer
775
Effect of judgment for a part of the demand Section 15 Effect of judgment on setoff Section 16 Effect of fraud in obtaining judgment Section 17 Eff...
776
Effect of an appeal Section 19 Effect of decision on appeal
777
Effect of a former judgment at law upon a suit in equity
778
Effect of a former decree upon a suit at law
779
What defenses are barred by a judgment
782
In what actions a former judgment is conclusive
783
How far conclusive 1784
784
Its effect as to matters not at issue nor decided
785
Its effect as to matters that might have been decided
786
Its effect as to matters admitted by default
787
Who are parties or privies
788
Parties not served with process or notice
789
Parties not properly named Section 5 New parties brought in
790
Effect on purchasers 7791
791
Effects in suits brought by or against agents or attorneys
792
Judgments by or against executors or administrators
793
Judgment as to same person in different capacity
794
Judgment as to joint trespassers
795
Judgments as affecting sureties
796
Judgments as to sheriffs and deputies
797
Judgment as to attaching and other creditors
798
Pleading the defense
799
Proof of former adjudication
800
How far conclusive
801
When not conclusive
802
Of notice or citing to defend
803
FORMER ADJUDICATION Continued PAGE Section 5 Proof of former adjudication
804
Of collateral impeachment
805
What judgments may be impeached OS Section 9 Impeaching judgments for want of jurisdiction Section 10 Want of jurisdiction over parties
806
Impeachment for irregularities
807
Impeachment for defects in pleadings 308 Section 12 Impeachment for defects in pleadings Section 13 Impeachment for error
808
Impeachment for collusion
809
Impeachment for matters that might have been pleaded and proved
810
CHAPTER XXVIII
813
Where fraud is a defense
814
Of the right to interpose the defense
816
Mode of setting it up
817
How proved
818
What is not sufficient proof
819
Of the burden of proof
820

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Страница 686 - that where one by his words or conduct wilfully causes another to believe in the existence of a certain state of things, and induces him to act on that belief, or to alter his own previous position, the former is concluded from averring against the latter a different state of things as existing at the same time.
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