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Reports of Cases Argued and Determined in the Supreme Court, and the Court of Errors and Appeals of New Jersey (Volume 26 )

Reports of Cases Argued and Determined in the Supreme Court, and the Court of Errors and Appeals of New Jersey (Volume 26 )


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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. 1858. Excerpt: ... INDEX. ABATEMENT, PLEA IN. 1. The commencement of a prior action tor the same cause is a good plea in abatement, whether such prior action be at the suit of the plaintiff or of his attaching creditor. Hixon v. Schooley, 461 2. A plea of an action pending is a good cause for suspending the proceedings for a reasonable time for the former action to be determined. ib 3. If a plea in abatement is filed, setting up a former suit tor the same cause of action, the plea must show that the former action is still pending, or has baeu prosecuted to judgment, and it must be proved to the court, by affidavit or otherwise, that the matter set forth is true. ib 4. A writ of attachment was returned, served on goods aud chattels, moneys, rights, credits, aud effects of 8., the defendant therein, in the possession or custody of V. H. Held, that in a suit by S. against VV. H., the attachment could not be pleaded in abatement, as it was not shown that the debt for which the suit was brought was attached under the writ of attachment, ib See Pleading 17. ACKNOWLEDGMENT. The acknowledgment of a deed or conveyance of lauds lying in this state can be taken in another state only when the grantor whose acknowledgment is taken resides in such state. Graham v. Whittly, 254 See Evidence 9. Vol. Ii. ACTION. 1. No action can be maintained for injuries resulting to individuals from acts done by persons in the execution of a public trust and for the public benefit, acting with due skill and caution, and within the scope of their authority. Timmtin v. Beleidere Delaware Railroad Co., 148 2. But this principle does not apply to a private corporation, anthorized by the legislature to construct works of public improvement, by private capital for private emolument. ib 3. A. covenanted with B. ...


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Product Details
  • ISBN-13: 9781235720963
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 224
  • Spine Width: 12 mm
  • Width: 189 mm
  • ISBN-10: 1235720969
  • Publisher Date: 01 Feb 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 408 gr


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Reports of Cases Argued and Determined in the Supreme Court, and the Court of Errors and Appeals of New Jersey (Volume 26 )
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