Reports of Cases Argued and Determined in the Supreme Court And, at Law, in the Court of Errors and Appeals of the State of New Jersey, Volume 16Soney and Sage, 1839 - Law reports, digests, etc |
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Common terms and phrases
action admitted adultery affidavit affirmed aforesaid appear applied assignment assumpsit attachment attorney bill bond Carhart cents Charles Wood cited claim common law Common Pleas concurred costs counsel creditor debt declaration deed defendant defendant's delivered by HORNBLOWER demand demurrer devise discharge dollars dower Edward Sharp entitled evidence execution executors fact fee simple fee tail fendant FORD and RYERSON freeholders give given Halst indictment intended issue James Jersey Turnpike judg judgment jury justice land lessor liable mandamus matter ment notice oath objection opinion Orphans paid parties payment person plaintiff in Certiorari plaintiff in Error pleaded possession premises proceedings promissory note prove question real estate record recover rendered repeal reversed Robert rule to shew Samuel Sharp scire facias seal sheriff shew cause statute suit term testator thereof tion trespass trial Turnpike verdict witness Wood words writ of error
Popular passages
Page 466 - In one word, the gist of this kind of action is, that the defendant, upon the circumstances of the case, is obliged by the ties of natural justice and equity to refund the money.
Page 15 - Words in a statute ought not to have a retrospective operation, unless they are so clear, strong, and imperative, that no other meaning can be annexed to them, or unless the intention of the legislature cannot be otherwise satisfied.
Page 11 - The objection to a law, on the ground of its impairing the obligation of a contract, can never depend upon the extent of the change which the law effects in it. Any deviation from its terms, by postponing, or accelerating, the period of performance which it prescribes, imposing conditions not expressed in the contract, or dispensing with the performance of those which are, however minute, or apparently immaterial, in their effect upon the contract of the parties, impairs its obligation.
Page 247 - In that case it was resolved that " when any has authority as attorney to do any act, he ought to do it in his name who gave the authority.
Page 8 - Together with all and singular the hereditaments and appurtenances thereunto belonging, or in any wise appertaining and all the estate, right, title, interest, claim...
Page 267 - Vaughan now moved for a rule to shew cause, why the verdict should not be set aside, and a new trial granted.
Page 11 - It prohibits the States from passing any law impairing the obligation of contracts; it does not enjoin them to enforce contracts.
Page 8 - McKain at or before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged, hath granted, bargained, and sold and by these presents doth grant, bargain, and sell unto the said...
Page 451 - But when the law does not necessarily imply that the plaintiff sustained damage by the act complained of, it is essential to the validity of the declaration that the resulting damage should be shown with particularity.
Page 54 - That where any testator or intestate shall, in his or her lifetime * * * have committed any trespass to the person or property, real or personal, of any person or persons, such person or persons, his or her executors or administrators, shall have and maintain the same action against the executors or administrators of such testator or intestate...