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action agreement alleged amount answer appellant appellee applied assignment authority Bank benefit bond Bush cause charge Church CIRCUIT COURT claim clerk Code common Commonwealth condition consideration constitution construction contract counsel county court creditors debt decided decision deed defendant DELIVERED directed duty effect election entitled equity error established evidence executed existence fact filed give given granted ground guardian held homestead husband indictment instruction intended interest issue judge judgment jurisdiction jury land liable lien Louisville ment mortgage motion necessary notice objection offense opinion paid parties pass payment person petition plaintiff possession Presbyterian present proceedings prove purchase question reason received record reference rendered reversed rule signed sold Stat statute sufficient suit surety sustained taken term tion trial unless void wife witness
Page 541 - 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 789 - In an action by a mortgagee for the foreclosure of his mortgage and sale of the mortgaged property, where it appears that the .mortgaged property is in danger of being lost, removed, or materially injured, or that the condition of the mortgage has not been performed, and that the property is probably insufficient to discharge the mortgage debt; 3.
Page 620 - ... 1. In an action by a vendor to vacate a fraudulent purchase of property, or by a creditor to subject any property or fund to his claim, or between partners or others jointly owning or interested in any property or fund, on the application of the plaintiff, or of any party whose right to or interest in the property or fund, or the proceeds thereof, is probable, and where it is shown that the property or fund is in danger of being lost, removed, or materially injured; 2.
Page 643 - A writ of mandamus is, in general, a command issuing in the king's name from the court of king's bench, and directed to any person, corporation, or inferior court of judicature, within the king's dominions; requiring them to do some particular thing therein specified, which appertains to their office and duty, and which the court of king's bench has previously determined, or at least supposes, to be consonant to right and justice.
Page 506 - In pleading the performance of conditions precedent in a contract, it shall not be necessary to state the facts showing such performance ; but it may be stated generally that the party duly performed all the conditions on his part...
Page 637 - ... deprived of his life, liberty, or property, unless by the judgment of his peers, or the law of the land.
Page 661 - Any asportation of a chattel for the use of the defendant, or a third person, amounts to a conversion; for this simple reason, that it is an act inconsistent with the general right of dominion which the owner of the chattel has in it, who is entitled to the use of it at all times and in all places.
Page 886 - Benjamin, that a contract for the sale of goods to be delivered at a future day is valid, even though the seller has not the goods nor any other means of getting them than to go into the market and buy them...
Page 323 - It is a general and undisputed proposition of law that a municipal corporation possesses and can exercise the following powers and no others: First, those granted in express words; second, those necessarily or fairly implied in or incident to the powers expressly granted; third, those essential to the declared objects and purposes of the corporation — not simply convenient but indispensable.