A Treatise on the Law of Judgments: Including All Final Determinations of the Rights of Parties in Actions Or Proceedings at Law Or in EquityA.L. Bancroft, 1874 - 636 páginas |
Índice
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Outras edições - Ver tudo
A Treatise on the Law of Judgments: Including All Final Determinations of ... Abraham Clark Freeman Visualização integral - 1879 |
Palavras e frases frequentes
adjudication alleged appear application assignment attorney authority Bank Barb bill bound cause of action claim common law conclusive court of equity damages debt decision default defendant determined discharge docket effect enforced entered entitled entry error estoppel evidence execution fact favor fendant filed foreign judgment former judgment fraud ground held Iowa issue judg judgment creditor judgment debtor judgment lien judgment or decree judgment rendered judicial jurisdiction jury justice land levy liable lis pendens litigation matter ment merits mortgage motion notice obtained Ohio parties payment pendente lite Penn plaintiff plea pleadings proceedings prosecution purchaser question real estate record recover recovery rendition res judicata reversed rule scire facias second action service of process Smith statute subsequent sued sufficient third persons tiel tion trial Upper Canada vacated valid vendee verdict Verm void Wend writ
Passagens conhecidas
Página 124 - the rule for jurisdiction is that nothing shall be intended to be out of the jurisdiction of a superior court but that which specially appears to be so...
Página 38 - Judgment may be given for or against one or more of several plaintiffs, and for or against one or more of several defendants...
Página 38 - 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.
Página 554 - And the said records and exemplifications, authenticated as aforesaid, shall have such faith and credit given to them in every court and office within the United States, as they have by law or usage in the courts or offices of the state from whence the same are or shall be taken.
Página 591 - Where a court of competent jurisdiction has adjudicated a certain sum to be due from one person to another, a legal obligation arises to pay that sum, on which an action of debt to enforce the judgment may be maintained.
Página 432 - After the issuing of execution against property, any person indebted to the judgment debtor, may pay to the sheriff the amount of his debt, or so much thereof as may be necessary to satisfy the execution, and the sheriff's receipt shall be a sufficient discharge for the amount so paid.
Página 261 - An adjudication is final and conclusive, not only as to the matter actually determined, but as to every other matter which the parties might have litigated and...
Página 274 - It is allowable to reason back from a judgment to the basis on which it stands, 'upon the obvious principle that, where a conclusion is indisputable, and could have been drawn only from certain premises, the premises are equally indisputable with the conclusion.
Página 114 - A void judgment is in legal effect no judgment. By it no rights are divested. From it no rights can be obtained. Being worthless in itself, all proceedings founded upon it are equally worthless. It neither binds nor bars any one. All acts performed under it, and all claims flowing out of it are void.
Página 422 - That the records and judicial proceedings of the courts of any state, 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, as the case may be, that the said attestation is in due form.