A Treatise on the Law of Estoppel Or of Incontestable RightsLittle, Brown, 1913 - 857 pages |
From inside the book
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Page 8
... Proceedings in attachment , replevin , and the like , are sometimes spoken of as proceedings in rem , but not with accuracy . The judgment in these cases binds only parties and privies , not strangers also . A judgment in personam binds ...
... Proceedings in attachment , replevin , and the like , are sometimes spoken of as proceedings in rem , but not with accuracy . The judgment in these cases binds only parties and privies , not strangers also . A judgment in personam binds ...
Page 11
... proceedings , make defence , adduce and cross - examine witnesses , and to appeal from the decision when an appeal lies.2 In some cases , however , persons not parties to an action may take advantage of the judgment . In the case of a ...
... proceedings , make defence , adduce and cross - examine witnesses , and to appeal from the decision when an appeal lies.2 In some cases , however , persons not parties to an action may take advantage of the judgment . In the case of a ...
Page 12
... proceedings . A judgment against a person as administrator does not bind him in his own character . And the like is true of estoppels generally.5 There are some cases in which judgments in personam operate upon strangers . One of these ...
... proceedings . A judgment against a person as administrator does not bind him in his own character . And the like is true of estoppels generally.5 There are some cases in which judgments in personam operate upon strangers . One of these ...
Page 36
... proceedings narrated in the record took place , 2 or the time when they purport to have taken place , 3 or that the parties there named as litigants actually or constructively participated in the cause , or that judgment was given as ...
... proceedings narrated in the record took place , 2 or the time when they purport to have taken place , 3 or that the parties there named as litigants actually or constructively participated in the cause , or that judgment was given as ...
Page 37
... proceedings ) was held to import absolute verity ; a character not , except in a partial degree , accorded to testi- mony concerning the proceedings of the inferior courts . From this circumstance it came to be said in reference to the ...
... proceedings ) was held to import absolute verity ; a character not , except in a partial degree , accorded to testi- mony concerning the proceedings of the inferior courts . From this circumstance it came to be said in reference to the ...
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Other editions - View all
A Treatise On the Law of Estoppel Or of Incontestable Rights Melville Madison Bigelow No preview available - 2022 |
Common terms and phrases
alleged Allen appeared assumpsit attornment authority Bank bill binding bond bound cause of action cited claim Clark collateral common law conclusive Conn contract conveyance conveyed court held Court of Chancery covenant creditor debt declaration decree deed defendant dispute doctrine effect equity estopped estopped to deny evidence execution fact favor fee simple feoffment foreign judgments former fraud garnishee grantee grantor Gray ground heir impeach indorsement Iowa issue judg judgment rendered jurisdiction jury land lease lessor liable Lord Mass matter ment mortgage notice Ohio St party payment Penn person plaintiff plea pleaded possession present privies privity proceedings purchaser question recital record recover regard replevin representation res judicata rule seisin Smith statute sued suit supra Supreme Court tenant testator tiel tion trespass valid verdict warranty Wend
Popular passages
Page 349 - 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.
Page 607 - The rule of law is clear, that where one by his words or conduct wilfully causes another to believe the existence of a certain state of things, and induces him to act on that belief so as 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.
Page 294 - And the said records and judicial proceedings, authenticated as aforesaid, shall have such faith and credit given to them in every court within the United States as they have by law or usage in the courts of the State from whence the said records are or shall be taken.
Page 293 - Full faith and credit shall be given in each of these States to the records, acts, and judicial proceedings, of the courts and magistrates of every other State.
Page 98 - ... it must appear by the record of the prior suit that the particular controversy sought to be concluded was necessarily tried and determined; that is, if the record of the former trial shows that the verdict could not have been rendered without deciding the particular matter...
Page 353 - The records and judicial proceedings of the courts of any State or Territory, or of any such country, 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, that the said attestation is in due form.
Page 118 - transit in rem judicatam/ — the cause of action is changed into matter of record, which is of a higher nature, and the inferior remedy is merged in the higher. This appears to be equally true where there is but one cause of action, whether it be against a single person or many. The judgment of a court of record changes the nature of that cause of action, and prevents its being the subject of another suit, and the cause of action, being single, cannot afterwards be divided into two.
Page 27 - ... 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, so as 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.
Page 296 - Another objection is that the act cannot have the effect contended for, because it does not enable the courts of another State to issue executions directly on the original judgment. This objection, if it were valid, would equally apply to every other court of the same State where the judgment was rendered. But it has no foundation. The right of a court to issue execution depends upon its own powers and organization. Its judgments may be complete and perfect, and have full effect independent of the...
Page 281 - Folger's claim was not superior, would be to allow him to take advantage of his own wrong — his fraudulent agreement with Doutrick, with knowledge of all the facts concerning Folger's claim to the property.