The Southeastern Reporter, Volume 44West Publishing Company, 1903 |
From inside the book
Results 1-5 of 100
Page 2
... debt has been sued to judgment , execu- tion issued , and a levy made " in conformity to the law , " whereupon a claim was filed by the wife of the defendant on the ground that she was entitled to the property in dispute under a ...
... debt has been sued to judgment , execu- tion issued , and a levy made " in conformity to the law , " whereupon a claim was filed by the wife of the defendant on the ground that she was entitled to the property in dispute under a ...
Page 3
a debt land which was given as security there- for , the defendant cannot plead usury in the debt , where it appears that he is concluded as to that defense by a judgment previously ren- dered by a court of competent jurisdiction . 4 ...
a debt land which was given as security there- for , the defendant cannot plead usury in the debt , where it appears that he is concluded as to that defense by a judgment previously ren- dered by a court of competent jurisdiction . 4 ...
Page 4
... debt sued on by the plaintiff was infect- ed with usury and void . Other than as set out , the answer admitted the material alle- gations of the petition . The plaintiff demur- red specially to so much of the answer as sought to set up ...
... debt sued on by the plaintiff was infect- ed with usury and void . Other than as set out , the answer admitted the material alle- gations of the petition . The plaintiff demur- red specially to so much of the answer as sought to set up ...
Page 5
... debt is to be incurred may be submitted in connection with the question of incurring the debt , but the better practice , even in such cases , is to sub- mit these questions separately . 4. If a statute is valid in part and in part in ...
... debt is to be incurred may be submitted in connection with the question of incurring the debt , but the better practice , even in such cases , is to sub- mit these questions separately . 4. If a statute is valid in part and in part in ...
Page 6
... debt , except for a temporary loan to supply casual deficiencies of revenue , not to exceed one - fifth of 1 per cent . of the assessed value of taxable prop- erty therein , " without the assent of two- thirds of the qualified voters ...
... debt , except for a temporary loan to supply casual deficiencies of revenue , not to exceed one - fifth of 1 per cent . of the assessed value of taxable prop- erty therein , " without the assent of two- thirds of the qualified voters ...
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Common terms and phrases
action agent Alderson alleged amount answer appeal appellee assignment bank Baskin bill cause cent certificates charge circuit court claim Code Constitution contract corporation court of equity creditors damages debt decree deed defendant defendant's demurrer entitled equity error estoppel evidence execution fact Faulconer favor fendant filed fraud fraudulent garnishee Geiser Greenbrier county heirs held Herron holder indorser intent interest issue Judge judgment jurisdiction jury justice land lease liable lien McDowell county ment mortgage North Carolina notice overruled owner paid pany pari delicto parties payment person petition plaintiff plaintiff in error plea possession proceeding purchase purpose question railroad company real estate reason record recover rule says sold statute statute of limitations suit Supreme Court tenant testator testimony thereof tiff tion tract trial trust usury verdict void West Virginia wife witness Womelsdorf writ
Popular passages
Page 320 - That all levies, judgments, attachments, or other liens, obtained through legal proceedings against a person who is insolvent, at any time within four months prior to the filing of a petition in bankruptcy against him, shall be deemed null and void in case he is adjudged a bankrupt...
Page 35 - That if any common carrier subject to the provisions of this act shall, directly or indirectly, by any special rate, rebate, drawback, or other device, charge, demand, collect, or receive from any person or persons a greater or less compensation...
Page 298 - The rolling stock, and all other movable property belonging to any railroad company or corporation in this State, shall be considered personal property, and shall be liable to execution and sale in the same manner as the personal property of individuals, and the General Assembly shall pass no law exempting any such property from execution and sale.
Page 358 - A plain and concise statement of the facts constituting a cause of action, without unnecessary repetition.
Page 150 - English statute of frauds, so far as to require a conveyance of any " estate of inheritance or freehold, or for a term of more than one year, in lands and tenements...
Page 53 - A valuable consideration in the sense of the law may consist either in some right, interest, profit, or benefit accruing to the one party, or some forbearance, detriment, loss, or responsibility given, suffered, or undertaken by the other.
Page 45 - ... access to the navigable part of the river from the front of his lot, the right to make a landing, wharf or pier for his own use or for the use of the public, subject to such general rules and regulations as the legislature may see proper to impose for the protection of the rights of the public, whatever these may be.
Page 81 - ... when during the litigation it appears that the defendant is doing or threatens or is about to do, or is procuring or suffering to be done, some act in violation of the plaintiff's rights respecting the subject of the action, and tending to render the judgment ineffectual, a temporary injunction may be granted to restrain such act.
Page 144 - Where a court has jurisdiction, it has a right to decide every question which occurs in the cause ; and whether its decision be correct or otherwise, its judgment, until reversed, is regarded as binding in every other court. But if it act without authority, its judgments and orders are regarded as nullities. They are not voidable, but simply void.
Page 110 - Whenever the death of a person shall be caused by wrongful act, neglect or default, and the act, neglect or default is such as would (if death had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof...