Reports of Civil and Criminal Cases Decided by the Court of Appeals of Kentucky, 1785-1951, Том 12;Том 75 |
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Страница 13
... JUDGMENT ON A NOTE IS HELD TO BE EQUIVALENT to the execution of a new note . As between the maker and the payee of a note a judgment thereon in favor of an assignee against the maker , which releases the assignor from liability on his ...
... JUDGMENT ON A NOTE IS HELD TO BE EQUIVALENT to the execution of a new note . As between the maker and the payee of a note a judgment thereon in favor of an assignee against the maker , which releases the assignor from liability on his ...
Страница 14
... judgment the de- fendant brought this suit to recover , as usurious , the amount of interest paid on the judgment in excess of six per cent per annum . The judgment of the circuit court dismissing his petition is affirmed . The judgment ...
... judgment the de- fendant brought this suit to recover , as usurious , the amount of interest paid on the judgment in excess of six per cent per annum . The judgment of the circuit court dismissing his petition is affirmed . The judgment ...
Страница 15
... judgment contains this recital : " This judgment is en- tered by agreement and consent of the parties hereto . It is agreed that this judgment is not to be executed or enforced before the 1st day of January , 1872 , at which time the ...
... judgment contains this recital : " This judgment is en- tered by agreement and consent of the parties hereto . It is agreed that this judgment is not to be executed or enforced before the 1st day of January , 1872 , at which time the ...
Страница 16
... judgment was not enforceable for more than six per cent interest . As the judgment entered of record was not signed by the party to be charged thereon , this position might have the merit of plausibility if a judgment could for all ...
... judgment was not enforceable for more than six per cent interest . As the judgment entered of record was not signed by the party to be charged thereon , this position might have the merit of plausibility if a judgment could for all ...
Страница 17
... judgment . We do not regard it as material that the judgment in ques- tion was rendered upon the agreement of the parties . Liti- gants may properly and lawfully agree as to what their re- spective rights are , and the court may , when ...
... judgment . We do not regard it as material that the judgment in ques- tion was rendered upon the agreement of the parties . Liti- gants may properly and lawfully agree as to what their re- spective rights are , and the court may , when ...
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adjudged adm'r administrator alleged amended amount answer appellee authority aver Bank bond Bush cause of action chap chapter CIRCUIT COURT CITED For Appellant Civil Code claim clerk Commonwealth constitution contract county court court of equity creditors damages Dana debt debtor deed defendant DELIVERED THE OPINION demurrer devised Elizabethtown enforce entitled equity evidence ex'r execution exemption fact filed guardian Harrison County heirs held homestead husband indictment infants intended interest intestate J. J. Mar John Morris jurisdiction jury land legislature liable lien LINDSAY DELIVERED LOUISVILLE CHANCERY COURT mechanic's lien ment Morris mortgage non est factum notice owner paid party payment petition plaintiff plea pleadings proceedings promissory note purchaser question Railroad Company reason record recover rendered rents Revised Statutes rule Session Acts sued suit sureties sustained testator thereof tion tract usury void widow wife
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Страница 325 - And the said records and judicial proceedings, authenticated as aforesaid, shall have such faith and credit given to them in every court within the United States as they have by law or usage in the courts of the State from whence the said records are or shall be taken.
Страница 27 - We know of no case, in which a legislative act to transfer the property of A to B, without his consent, has ever been held a constitutional exercise of legislative power in any State in the Union. On the contrary, it has been constantly resisted as inconsistent with just principles, by every judicial tribunal in which it has been attempted to be enforced.
Страница 708 - 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.
Страница 114 - That no man, or set of men, are entitled to exclusive or separate emoluments or privileges from the community, but in consideration of public services; which not being descendible, neither ought the offices of Magistrate, Legislator, or Judge, to be hereditary.
Страница 324 - In pleading a judgment or other determination of, or proceeding before a court or officer of special jurisdiction, it is...
Страница 248 - If, without sufficient excuse, the defendant neglects to appear for arraignment or for trial or judgment, or upon any other occasion when his presence in court may be lawfully required, or to surrender himself in execution of the judgment, the court must direct the fact to be entered upon its minutes, and the undertaking of bail, or the money deposited instead of bail, as the case may be, must thereupon be declared forfeited.
Страница 87 - The taking of bail consists in the acceptance, by a competent court or magistrate, of the undertaking of sufficient bail for the appearance of the defendant, according to the terms of the undertaking, or that the bail will pay to the people of this State a specified sum.
Страница 281 - But the point might have been shortly dismissed with this safe declaration, that there is no direct constitutional inhibition upon the States, nor any clause in the Constitution, from which it can be even plausibly inferred that the States may not legislate upon the remedy in suits upon the judgments of other States, exclusive of all interference with their merits.
Страница 245 - No indictment is insufficient, nor can the trial, judgment, or other proceedings thereon be affected, by reason of a defect or imperfection in matter of form, which does not tend to the prejudice of the substantial rights of the defendant, upon the merits.
Страница 653 - Individual rights call for its exercise, the language used, though permissive in form, is in fact peremptory. What they are empowered to do for a third person the law requires shall be done. The power is given, not for their benefit, but for his.