 ... a question of fact to be decided by the verdict of a jury. If this is true in regard to ordinary claims under policies, it is obvious that the difficulty would be greatly enhanced in cases like the present, where it would be sufficient, in order to...  A System of Legal Medicine - Page 577by Allan McLane Hamilton, Lawrence Godkin - 1894Full view - About this book
 | Great Britain. Court of Common Pleas, John Bayly Moore, Joseph Payne - 1832 - 948 pages
...[Mr. Justice Gaselee. — It has been lately decided, both in this Court and in the Kings Bench, that, in order to take a case out of the operation of the statute, there must be proof of a promise by the defendant to pay, as well as an acknowledgment of... | |
 | John Bayly Moore, Great Britain. Court of Common Pleas, John Scott - 1833 - 790 pages
...Cull; and there was nothing to shew how it got back to the plaintiff's hands in any other character. In order to take a case out of the operation of the statute of limitations, a mere acknowledgment of a debt being due is not sufficient : there must also... | |
 | Basil Montagu, Edward Erastus Deacon, Great Britain. Court of Review - 1842 - 970 pages
...the world, as the real owners of the property. The notion of a man constituting himself a trustee, in order to take a case out of the operation of the Bankrupt Act, is perfectly unfounded. In order to protect the property from the clause of reputed ownership,... | |
 | Basil Montagu, Edward Erastus Deacon, Sir John Peter De Gex - 1845 - 974 pages
...the world, as the real owners of the property. The notion of a man constituting himself a trustee, in order to take a case out of the operation of the Bankrupt Act, is perfectly unfounded. In order to protect the property from the clause of reputed ownership,... | |
 | John Pitt Taylor - 1848 - 756 pages
...the statute to have been spoken by the defendant, would have had a similar operation (*). Secondly, in order to take a case out of the operation of the statutes, the written and signed acknowledgment must amount either to an express promise to pay the... | |
 | United States. Supreme Court - 1851 - 714 pages
...Vermont, 560. II. Said instrument was not such an acknowledgment of the justice of a debt as is required in order to take a case out of the operation of the statute of limitations. Exhibit 3 amounts only to a contract not to plead the statute of limitations.... | |
 | Alfred Septimus Dowling, Great Britain. Bail Court, John James Lowndes - 1851 - 400 pages
...return, as required by the 2 Wm. 4, c. 39, s. 10 (6). The original alias writ was not produced, nor In order to take a case out of the operation of the Statute of Limitations, by means of a continuing writ under the 2 Wm. 4, c. 39, s. 10, it must be shewn... | |
 | Joseph Kinnicut Angell - 1861 - 724 pages
...twenty years ago, that court began to retrace its steps ; and that its latest decisions say, that, in order to take a case out of the operation of the statute, it must be proved that the defendant admitted the debt to be still due ; and that, if any... | |
 | Illinois. Supreme Court - 1907 - 714 pages
...be clear, definite and unequivocal in its terms." And in Gcer v. Gondy, 174 I11. 514, on page 521 : "In order to take a case out of the operation of the Statute of Frauds a parol contract or oral promise to convey land should be clear and certain in its... | |
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