Practice Reports In The Supreme Court And Court Of Appeals (volume 33)

Paperback | February 8, 2012

byNathan Howard

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated.1867 Excerpt: ... Digest. 6. On a motion by a defendant to discharge an order of arrest, where from the papers, it is evident that the plaintiffs can recover in tho action only in case they establish the making of the defendant's contract by him with intent not to pay for the work done, as he made no false representations, a trial by jury affords a much better fomm, and more means of determining that qnestion, than an argument on affidavits. ( Woodward Steam Pump Manufacturing O. agt. Mokes, ante, 3'J6.) 7. Where tho defendant has not in his affidavits, as lie was bound to do, absolved himself from all suspicion, by showing the different sums of money he has paid out, and to whom, instead of making a general statement of such payments; and has not explained the circumstances of suspicion attending the conveyance of his property; also, the circumstance of his remaming m possession of the property since its conveyance, as theretofore: 8. IIel'1, that if the defendant is innocent of any fraud, it is no great hardship to be out on bail until tho trial, and then he can entirely absolve himself. (Id.) 9. If a defendant arrested in a civil acction, is prejudiced bv the delay of the plaintiffs to enter judgment, and charge him in execution, he should move to compel them to do so, and cannot charge the plaintiffs with laches unless he has so moved. Where, however, the plaintiffs havo been guilty of gross negligence in this respect, they may be required to stipulate to waive any objections to his taking the benefit of the fourteen day act, and the defendant be allowed to be discharged under that act on giving the usual notice. (Carter agt. Loomis, 2 Abb. S. 8. 295.) 10. Tho plaintiff applied to tho defendant to purchase a house and lot. The defendant filled up and executed, a printed ...

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated.1867 Excerpt: ... Digest. 6. On a motion by a defendant to discharge an order of arrest, where from the papers, it is evident that the plaintiffs ...

Format:PaperbackDimensions:238 pages, 9.69 × 7.44 × 0.5 inPublished:February 8, 2012Publisher:General Books LLCLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0217740286

ISBN - 13:9780217740289

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