A Treatise on the Law of Estoppel Or of Incontestable RightsLittle, Brown, 1913 - 857 pages |
From inside the book
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Page 53
... statute makes them conclusive , Whitney v . Bayer , supra ; or where the court has lost the power to vacate the verdict , Hume v . Schintz , 90 Tex . 72 , 36 S. W. 429 . 2 Colt v . Partridge , 7 Met . 570 , 574 ; Moore v . Spiegel , 142 ...
... statute makes them conclusive , Whitney v . Bayer , supra ; or where the court has lost the power to vacate the verdict , Hume v . Schintz , 90 Tex . 72 , 36 S. W. 429 . 2 Colt v . Partridge , 7 Met . 570 , 574 ; Moore v . Spiegel , 142 ...
Page 56
... of all claims , there could be no new suit . Ib . 7 Judgment sustaining a plea of the Statute of Limitations is not concludes the parties and their privies from relitigating the claim 56 [ CHAP . II . ESTOPPEL BY RECORD .
... of all claims , there could be no new suit . Ib . 7 Judgment sustaining a plea of the Statute of Limitations is not concludes the parties and their privies from relitigating the claim 56 [ CHAP . II . ESTOPPEL BY RECORD .
Page 57
... Statute of Limitations , that he had begun suit ( no other one having been undertaken ) within the proper time.3 And , indeed , it appears to be true as a general proposition that where a party succeeds in defeating an action by his ...
... Statute of Limitations , that he had begun suit ( no other one having been undertaken ) within the proper time.3 And , indeed , it appears to be true as a general proposition that where a party succeeds in defeating an action by his ...
Page 68
... statute the judgment of the justice was only a nonsuit ; this also showed that it was no bar . A court consisting of several judges does not cease to be a legal court for the purpose of a cause by reason of the fact that the judges are ...
... statute the judgment of the justice was only a nonsuit ; this also showed that it was no bar . A court consisting of several judges does not cease to be a legal court for the purpose of a cause by reason of the fact that the judges are ...
Page 72
... statutes , be binding upon questions of property ; 3 as , in general , the deci- sions of a body to which have been ... Statute powers , cannot be revoked by his successor . Noble v . Union River Logging R. , 147 U. S. 165 , 13 Sup . Ct ...
... statutes , be binding upon questions of property ; 3 as , in general , the deci- sions of a body to which have been ... Statute powers , cannot be revoked by his successor . Noble v . Union River Logging R. , 147 U. S. 165 , 13 Sup . Ct ...
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A Treatise On the Law of Estoppel Or of Incontestable Rights Melville Madison Bigelow No preview available - 2022 |
Common terms and phrases
adjudication alleged Allen appeared assumpsit attornment authority Bank bill binding bond bound cause of action cited claim collateral common law Concha conclusive contract conveyance court held covenant creditor damages debt decision declared decree deed defendant demand demurrer deny doctrine effect ejectment equity estopped estoppel evidence execution fact favor fee simple feoffment former action former judgment fraud garnishee grantee grantor Gray ground heir impeach indorsement Iowa issue judg judgment rendered jurisdiction jury Justice land lease lessor liable litigation Lord Mass matter ment mortgage obtained Ohio St parties payment Penn person personam plaintiff plea pleaded possession present privies privity proceedings promissory note purchaser question recital record recover regard replevin res judicata rule seisin Smith statute subsequent sued suit supra Supreme Court tenant tion trespass validity verdict warranty Wend Wetumpka
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.