Current Law, Volume 1J. B. West Company, 1904 |
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Page 1
... action . Various write are abatable for defects , which matters are not germane to this title . " § 1. Causes for abatement . - The pendency of another action ' having the same object and the same parties and prior in time1o is cause ...
... action . Various write are abatable for defects , which matters are not germane to this title . " § 1. Causes for abatement . - The pendency of another action ' having the same object and the same parties and prior in time1o is cause ...
Page 2
... action though the statute reads no action shall " abate , ” etc. , but it may be " revived . " 24 Under the code practice , equitable actions abate by death the same as law actions.25 Mandamus to enforce an officer's personal rather ...
... action though the statute reads no action shall " abate , ” etc. , but it may be " revived . " 24 Under the code practice , equitable actions abate by death the same as law actions.25 Mandamus to enforce an officer's personal rather ...
Page 3
... action.45 46 § 3. Survivability of causes of action . Since it affects a right , the law of the place and not of the forum governs . Survival does not depend on the bringing of suit before the injured person dies . When a cause is in ...
... action.45 46 § 3. Survivability of causes of action . Since it affects a right , the law of the place and not of the forum governs . Survival does not depend on the bringing of suit before the injured person dies . When a cause is in ...
Page 4
... action for wrong- fully causing death be themselves dead , the action abates . The contrary is the rule in Kentucky and Pennsylvania . 66 67 69 Actions against a corporation do not survive its dissolution by virtue of stat- utes ...
... action for wrong- fully causing death be themselves dead , the action abates . The contrary is the rule in Kentucky and Pennsylvania . 66 67 69 Actions against a corporation do not survive its dissolution by virtue of stat- utes ...
Page 5
... action . Actions on simple contract debts are not to be revived against heirs . " In Indiana a corporation director's statutory liability is enforce- able against his administrator.88 The administrator and heirs may , in Massachu- setts ...
... action . Actions on simple contract debts are not to be revived against heirs . " In Indiana a corporation director's statutory liability is enforce- able against his administrator.88 The administrator and heirs may , in Massachu- setts ...
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Common terms and phrases
28 Wash 38 Misc action adverse possession affidavit agent alimony alleged allowed amended amount appeal Ass'n assignment assumpsit attachment attorney authority Bank bankrupt bankruptcy bill bill of lading bond broker carrier cause of action certiorari claim Code Civ Colo contract contributory negligence court creditors damages debt deed defendant demurrer Detroit Leg district error evidence fact failure fees filed foreclosure fraud held injury insolvency Iowa judgment jurisdiction jury land Law Rep liable lien loan Lumber mandamus ment Minn mortgage motion N. J. Law N. R. Co negligence notice owner party passenger payment petition plaintiff pleadings possession Proc proceedings providing purchaser question railroad recover refusal statute sufficient Super supersedeas bond surety third person tion trial trustee usurious verdict writ
Popular passages
Page 424 - ... for a shorter than for a longer haul, over the same line, In the same direction...
Page 554 - No school district, except one newly formed, is entitled to receive any apportionment of State or county school moneys which has not maintained a public school for at least six months during the next preceding school year.
Page 330 - ... debts owing to any person who by the laws of the States or the United States is entitled to priority.
Page 474 - The rule deducible from them is, that the measure of care against accident, which one must take to avoid responsibility, is that which a person of ordinary prudence and caution would use if his own interests were to be affected, and the whole risk were his own...
Page 314 - PETITION. To the Honorable , judge of the District Court of the United States for the district of : The petition of , of , and , of , and , of , respectfully shows : That , of , has for the greater portion of six months next preceding the date of filing this petition, had his principal place of business, [or resided, or had his domicil] at , in the county of and State and district aforesaid, and owes debts to the amount of $1,000.
Page 375 - The Owner agrees to provide all labor and materials not included in this contract in such manner as not to delay the material progress of the work...
Page 447 - It is further contended for the defendant that, if the proper measure of damages is the difference between the market value of the cattle in the condition in which they would have arrived, but for the negligence of the defendant. and...
Page 523 - ... mortgage is entitled to be subrogated to the rights of the mortgagee under the prior valid mortgage which has been discharged with proceeds of the void one.
Page 475 - The culpability of the defendant must be affirmatively proved before the case can go to the jury, but the absence of any fault on the part of the plaintiff may be inferred from circumstances; and the disposition of men to take care of themselves and keep out of difficulty may properly be taken into consideration.
Page 330 - ... due to workmen, clerks, traveling or city salesmen or servants which have been earned within three months before the date of the commencement of the proceeding...