A Treatise on the Law Relating to the Powers and Duties of Justices of the Peace and Constables, in the State of Ohio: With Practical Forms, &c, &c
I. N. Whiting, 1837 - 582 páginas
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action affidavit aforesaid agreement amount appear arbitrators assignment award bill bond bound buyer C. L. Rep carrier cause cents certiorari chattels chose in action claim claimant common carrier common pleas constable contract costs court of common creditor damages debt debtor defendant delivered demand discharge docket dollars drawee drawer enter entitled entry evidence execution fees garnishee hand and seal hereby holder horse husband indorsed injury instrument interest issued Johns judgment judgment debtor jury justice levy liable ment nonsuit notice oath officer Ohio Rep owner paid partner party payable payee payment peace person plaintiff possession proceedings promise promissory note prove received recognizance recover rendered rule scire facias seller Stat statute stray subpoena sued summons surety thereof township trial unless void warrant Wend wife witness Wright's Rep writ
Página 285 - ... unless the agreement, upon which such action shall be brought or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith, or some other person thereunto by him lawfully authorized.
Página 253 - Secondly, a misfortune of this kind may arise where both parties are to blame; where there has been a want of due diligence or of skill on both sides: in such a case, the rule of law is that the loss must be apportioned between them, as having been occasioned by the fault of both of them.
Página 4 - I do solemnly swear that I will administer justice without respect to persons, and do equal right to the poor and to the rich...
Página 314 - ... where any loan of goods and chattels shall be pretended to have been made to any person, with •whom, or those claiming under him, possession shall have remained for the space of five years, without demand made and pursued by due process at law, on the part of the pretended lender...
Página 365 - WILT thou have this woman to thy wedded wife, to live together after God's ordinance in the holy estate of matrimony? Wilt thou love her, comfort her, honor, and keep her in sickness and in health : and, forsaking all others, keep thee only unto her, so long as ye both shall live ? The Man shall answer : I will.
Página 283 - I understand the rule, as now already settled, to be, that where the contract grows immediately out of, and is connected with an illegal or immoral act, a court of justice will not lend its aid to enforce it. And if the contract be, in part only, connected with the illegal transaction, and growing immediately out of it, though it be, in fact, a new contract, it is equally tainted by it.
Página 292 - Eeynolds was by me first duly sworn to testify the truth, the whole truth, and nothing but the truth, and...
Página 325 - It is not sufficient that he may sustain no injury by a change in the contract, or that it may even be for his benefit. He has a right to stand upon the very terms of his contract; and if he does not assent to any variation of it, and a variation is made, it is fatal.
Página 292 - In witness whereof, we have hereunto set our hands and seals, this day of , in the year . H The...