A Treatise on the Law of Obligations, Or Contracts, Nide 2A. Strahan, 1806 |
Kirjan sisältä
Tulokset 1 - 5 kokonaismäärästä 39
Sivu
... Testimony 13. Of Confeffion 14. Of Prefumption 298 319 15. Of the Authority of Res Indi- No. XVII . Of the Diftinction between Law and Fact , and the Effect of Ufage upon the Law 329 cata 346 360 XVIII . Of Miftakes of Law PART I ...
... Testimony 13. Of Confeffion 14. Of Prefumption 298 319 15. Of the Authority of Res Indi- No. XVII . Of the Diftinction between Law and Fact , and the Effect of Ufage upon the Law 329 cata 346 360 XVIII . Of Miftakes of Law PART I ...
Sivu 143
... testimony ; but this is only true fo far as it is re- quifite to establish a prefumptive and prima facie case ; and when- ever a fixed and undifputed point is established by either party , it is from that point that the conflict muft ...
... testimony ; but this is only true fo far as it is re- quifite to establish a prefumptive and prima facie case ; and when- ever a fixed and undifputed point is established by either party , it is from that point that the conflict muft ...
Sivu 149
... testimony is tendered in fupport of a fact , the nature of which will admit of illucidation , from proofs of a more direct and explicit character , the fame caution which re- jects evidence of an inferior degree , when higher evidence ...
... testimony is tendered in fupport of a fact , the nature of which will admit of illucidation , from proofs of a more direct and explicit character , the fame caution which re- jects evidence of an inferior degree , when higher evidence ...
Sivu 159
... testimony may be allowed or not , I fhall post- pone any reference to thofe fubjects , until I come to the difcuf- fion of parol evidence . The proceedings of all courts not of record , come under this fecondary divifion of public ...
... testimony may be allowed or not , I fhall post- pone any reference to thofe fubjects , until I come to the difcuf- fion of parol evidence . The proceedings of all courts not of record , come under this fecondary divifion of public ...
Sivu 222
... testimony . That an instrument was extorted by force , or obtained by fraud , is an objection which no apparent regularity can obviate . There are feveral inftances , by which this pofition may be illuf- trated with respect to fraud ...
... testimony . That an instrument was extorted by force , or obtained by fraud , is an objection which no apparent regularity can obviate . There are feveral inftances , by which this pofition may be illuf- trated with respect to fraud ...
Muita painoksia - Näytä kaikki
A Treatise on the Law of Obligations, Or Contracts; Volume 1 Pothier,William David Evans Esikatselu ei käytettävissä - 2018 |
A Treatise On the Law of Obligations, Or Contracts; Volume 1 Robert Joseph Pothier,William David Evans Esikatselu ei käytettävissä - 2022 |
A Treatise on the Law of Obligations, Or Contracts, Volume 1 - Scholar's ... Robert Joseph Pothier,William David Evans Esikatselu ei käytettävissä - 2015 |
Yleiset termit ja lausekkeet
Abbé d'Orleans abfolutely action admitted againſt alfo alſo anſwer arifing becauſe cafe caſe caufe cauſe circumftances claufe codicillary Comte de St conclufion confequence confideration confidered contract courſe court court of equity debt decifion deed defendant depofitions difcuffion difpofition diftinction diſcharge equity eſtabliſhed evidence examination expreffed expreffions fact faid fame fanity favour fecond feems feveral fhall fhew fhould fide figned fince firft firſt fome ftate ftatute fubject fuch fufficient fuppofed fupport heir himſelf huſband infanity inftance inftitution inftrument intereft itſelf judgment Juftice jury laft Lord Lord Mansfield Madame de Longueville Madame de Nemours moſt muſt nature neceffary obferved obligation occafion opinion oppofite paid particular party payment perfon plaintiff pofitive prefent prefumption Prince de Conty principle promife proof proved purpoſe queſtion reaſon refpect rule ſeems ſeveral ſhall ſtate ſuch teftament teftator teftimony thefe themſelves theſe thofe thoſe tion unleſs uſe witneffes witneſs
Suositut otteet
Sivu 2 - The objection that a contract is immoral or illegal as between plaintiff and defendant, sounds at all times very ill in the mouth of the defendant. It is not for his sake, however, that the objection is ever allowed ; but it is founded in general principles of policy, which the defendant has the advantage of, contrary to the real justice as between him and the plaintiff, by accident, if I may so say.
Sivu 388 - The place had not been procured, and the party who had paid the money, having brought his action to recover it back ; it was held that he fhould recover, becaufe the contract remained executory.
Sivu 383 - So where a man has paid a debt, which would otherwise have been barred by the statute of limitations ; or a debt contracted during his infancy, which in justice he ought to discharge, though the law would not have compelled the payment, yet the money being paid, it will not oblige the payee to refund it. 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.
Sivu 351 - From the variety of cases relative to judgments being given in evidence in civil suits these two deductions seem to follow as generally true: First, that the judgment of a court of concurrent jurisdiction directly upon the point is as a plea a bar, or as evidence, conclusive between the same parties upon the same matter directly in question in another court...
Sivu 120 - And be it further enacted, That all Actions of Trespass, Quare clausum fregit, all Actions of Trespass, Detinue, Action sur Trover, and Replevin for taking away of Goods and Cattle, all Actions of Account, and upon the Case, other than such Accounts as concern the Trade of Merchandize between Merchant and Merchant, their Factors or Servants...
Sivu 383 - The rule had always been, that if a man has actually paid what the law would not have compelled him to pay, but what in equity and conscience he ought, he cannot recover it back again in an action for money had and received.
Sivu 42 - The distinction is very clear, where mutual covenants go to the whole of the consideration on both sides, they are mutual conditions, the one precedent to the other. But where they go only to a part, where a breach may be paid for in damages, there the defendant has a remedy on his covenant, and shall not plead it as a condition precedent.
Sivu 201 - Where goods are ponderous, and incapable as here of being handed over from one to another, there need not be an actual delivery ; but it may be done by that which is tantamount, such as the delivery of the key of a warehouse in which the goods are lodged, or by delivery of other indicia of property.
Sivu 309 - But the ground of her it/competency arises from a principle of public policy, which does not permit husband and wife to give evidence that may even tend to criminate each other.
Sivu 370 - Romae, alia Athenis ; alia nunc, alia posthac ; sed, et apud omnes gentes et omni tempore, una eademque lex...