The American and English Encyclopedia of Law, Volume 24John Houston Merrill, Thomas Johnson Michie, Charles Frederic Williams, David Shephard Garland E. Thompson, 1894 |
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Page 196
... debt- or agreed that his lands should be sold and the proceeds divided ratably among themselves . There was a surety for the debt of one of these creditors , who ( the creditor ) , but for the agreement in question , would have had no ...
... debt- or agreed that his lands should be sold and the proceeds divided ratably among themselves . There was a surety for the debt of one of these creditors , who ( the creditor ) , but for the agreement in question , would have had no ...
Page 197
... debt.1 The surety , upon the failure of his principal to pay or perform promptly , may not compel him to turn over his property to a receiver to be applied to the satisfaction of his undertaking - he must first perform the obligation ...
... debt.1 The surety , upon the failure of his principal to pay or perform promptly , may not compel him to turn over his property to a receiver to be applied to the satisfaction of his undertaking - he must first perform the obligation ...
Page 198
... debt ; 2 he must first discharge the debt - then he may enforce the securities himself.3 If the securities held by the creditor have been applied to the debt of the principal as far as they will go , leaving a deficiency ; or if the ...
... debt ; 2 he must first discharge the debt - then he may enforce the securities himself.3 If the securities held by the creditor have been applied to the debt of the principal as far as they will go , leaving a deficiency ; or if the ...
Page 199
... debt , immediately upon his satisfaction thereof ; and it has been held that the court may direct a transfer of such securities to the surety before rendition of judgment against him for the debt of his principal . The creditor , after ...
... debt , immediately upon his satisfaction thereof ; and it has been held that the court may direct a transfer of such securities to the surety before rendition of judgment against him for the debt of his principal . The creditor , after ...
Page 200
... debt remains unsatisfied . It seems , however , that an exception will be made to this rule when necessary to ... debt to the extent of the value of the prop- erty , and its value exceeding the amount of the debt , the warehousemen were ...
... debt remains unsatisfied . It seems , however , that an exception will be made to this rule when necessary to ... debt to the extent of the value of the prop- erty , and its value exceeding the amount of the debt , the warehousemen were ...
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Common terms and phrases
action ancestor appeal assessment assignment authority Bank Barb benefit bond claim Code common law Conn contract Corp court court of equity creditor debt deceased defendant descent entitled equity execution fact father half blood heir held Hun N. Y. inheritance tax intestate Iowa issue judgment creditor judgment debtor jurisdiction jury land legacy liable lien matter Mayor ment Minn mortgage mother municipal N. J. Eq N. Y. Supp Ohio St ordinance owner paid party payment Pennsylvania person plaintiff principal proceedings purchaser real estate recover rule S. W. Rep SERVICE OF PROCESS Smith Stat statute street subpoena subpoena duces tecum subrogated subscription Sunday supersedeas surety Tenn thereof tion trial by jury void writ York
Popular passages
Page 451 - After the passage of this act all property which shall pass by will or by the intestate laws of this state, from any person who may die seized or possessed of the same while a resident of this state, or if such decedent was not a resident of this stale at the time of death, which property, or any part thereof, shall be within this state...
Page 127 - No conspiracy is punishable criminally unless it is one of those enumerated in the last two sections, and the orderly and peaceable assembling or co-operation of persons employed in any calling, trade or handicraft for the purpose of obtaining an advance in the rate of wages or compensation, or of maintaining such rate, is not a conspiracy.
Page 506 - That no freeman shall be convicted of any crime, but by the unanimous verdict of a jury of good and lawful men, in open court, as heretofore used.
Page 451 - When the transfer is by will or by the intestate laws of this state from any person dying seized or possessed of the property while a resident of the state.
Page 474 - Taxes upon the transfer of any estate, property or interest therein limited, conditioned, dependent or determinable upon the happening of any contingency or future event by reason of which the fair market value thereof cannot be ascertained at the time of the transfer, as herein provided, shall accrue and become due and payable when the persons or corporations beneficially entitled thereto shall come into actual possession or enjoyment thereof.
Page 499 - Trial by jury shall be as heretofore, and the right thereof remain inviolate.
Page 131 - Intent by two or more persons to do an unlawful act or a lawful act by unlawful means Is the first step In that regard.
Page 125 - The manifest intent of the association is, to induce all those engaged in the same occupation to become members of it. Such a purpose is not unlawful.
Page 456 - The political status may depend on different laws in different countries; whereas the civil status is governed universally by one single principle, namely, that of domicile, which is the criterion established by law for the purpose of determining civil status.
Page 451 - When the transfer is of property made by a resident or by a nonresident when such nonresident's property Is within this state, or within its Jurisdiction, by deed, grant, bargain, sale or gift made in contemplation of the death of the grantor, vendor or donor, or intended to take effect In possession or enjoyment at or after such death.