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Reports of Cases Argued and Decided in the Circuit Court (Volume 1)

Reports of Cases Argued and Decided in the Circuit Court (Volume 1)


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This historic book may have numerous typos, missing text or index. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. 1840. Not illustrated. Excerpt: ... INDEX. ABATEMENT. A variance between the writ and declaration must be taken advantage of by plea in abatement. How et al. v. JUcKinney et al. 319 ACKNOWLEDGMENT. See Deed 17, 18, 19. AFFIDAVIT. An affidavit to hold to bail must be'positive, and the indebtment, under the statute of Illinois, must be stated from the knowledge of the affiant. Wright et al. v. Cogtwell. 471 AGREEMENT. If the holder of a promissory note agree, for a valuable consideration to give time to the maker of the note, the indorser is discharged. Bank of the United States v. Hatch. 92 An agreement to admit certain depositions as evidence extends to the final decision ofthe case. Hinde el al. v. Vatlier et al. 116 An agreement under seal which compromises a suit does not prevent either party from setting up and proving a parol undertaking that one ofthe parties should pay the costs. Marancy el al. v. Buford et al. 195 Such an agreement does not contradict or vary the written agreement, but is distinct and independent of it. Ibid. An agreement between two or more persons not to bid at a Sheriff's sale, againBt each other, and that one shall purchase for the benefit of all, held to be void. Piatt v. Oliver et al. 295 But such sales may, perhaps, be distinguished from public sales of the public lands. Ibid. An agreement to pay illegal interest will not be decreed, but, under certain circumstances, the court will not decree the re-payment of interest thus paid. Longworth v. Taylor. 514 ALIEN. A statute which enables an alien to hold land, " who shall have resided in the state two years," applies as well to the future as to past time. Beard et al. v. Rowan. 141 ALTERNATIVE. Where a contract is in the alternative, an election of the obligor may be shown by circumstances. Walton &-Payne's heirs v. Co...


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Product Details
  • ISBN-13: 9781235403965
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 196
  • Spine Width: 11 mm
  • Width: 189 mm
  • ISBN-10: 1235403963
  • Publisher Date: 01 Jan 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 358 gr


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