The Encyclopaedia of Pleading and Practice; Under the Codes and Practice Acts, at Common Law, in Equity and in Criminal Cases Volume 8
The Encyclopaedia of Pleading and Practice; Under the Codes and Practice Acts, at Common Law, in Equity and in Criminal Cases Volume 8

Author: William Mark McKinney

Publisher: Rarebooksclub.com

Published: 2013-09

Total Pages: 634

ISBN-13: 9781230142227

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1897 edition. Excerpt: ...of the sheriff to take the undivided share of the debtor without reference to the partnership account, but that a court of equity would take the account and ascertain what the sheriff ought to sell. Me. 89, which case is cited in New. hall v. Buckingham, 14 111. 405. Maryland.---Upon this question, see ihe obittr dictum of Dorsey, J., in M'Elderry v. Flannagan, I Har. & G. (Md.) 30S. Michigan.--Hutchinson v. Dubois, 4; Mich. 143, it would seem is an authority against the right of the officer to take possession of the firm's property. Without expressly passing upon the question, the court says: " A levy cannot touch a specific proportion of the goods, nor the whole, because others have property in every part as well as the whole, cuupled with a right, resting in contract, to use them for the purposes for which the partnership was instituted." Citing Church v. Knox, 2 Conn. 514, and Sirrine v. Briggs, 31 Mich. 443, in which cases the precise point determined was that the sheriff could not levy upon specific articles, and that he should have levied upon the partner's interest in the whole stock; Tappan v. Blaisdell, 5 N. H. 193; Atkins v. Saxton, 77 N. Y. 195, in which cases the right of the sheriff to take possession of the whole property was recognized; Reinheimer v. Hemingway, 35 Pa. St. 432; Deal v. Bogue, 20 Pa. St. 228; Knerr v. Hoffman, 65 Pa. St. 126. Minnesota.--Barrett v. McKenzie, 14 Minn. 20; Caldwell v. Auger, 4 Minn. 217; Wickham v. Davis, 24 Minn. 167. Mississippi.--Under Code 1880, 1770 (following the Codes of 1871 and 857), by which it was provided that the sheriff might levy upon property in which the defendant had an interest, but which was not exclusively in his own possession, without actually...

The Encyclopaedia of Pleading and Practice; Under the Codes and Practice Acts, at Common Law, in Equity and in Criminal Cases Volume 7
The Encyclopaedia of Pleading and Practice; Under the Codes and Practice Acts, at Common Law, in Equity and in Criminal Cases Volume 7

Author: William Mark McKinney

Publisher: Rarebooksclub.com

Published: 2013-09

Total Pages: 618

ISBN-13: 9781230168463

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1897 edition. Excerpt: ... ferry across the Delaware, one of whom held a New Jersey charter for his end of the ferry, and the other a Pennsylvania charter for his end, could not properly join in an action lor damages to the ferry caused by a bridge; but that, their chartered interests not being joint, separate actions must be brought. An Objection that Parties are Improperly Joined as plaintiffs should be made when the petition for the appointment of viewers is presented or, at the very latest, when the issue is framed by the court. Ehret v. Schuylkill River East Side R. Co., 151 Pa. St. 158. 6. Alabama.--To authorize one to be made a party in highway and ferry cases, he must have a private right, as an individual proprietor, which he can vindicate by suit, and the record must show his interest. Creswell r. Greene County, 24 Ala. 282. California.--A person through whose lands a proposed road will pass is beneficially interested, and is a proper party to contest the legality of the proceedings for the establishment of the road. Damrell z. San Joaquin County, 40 Cal. 154. Connecticut.--A cemetery association instituted a proceeding under the statute for enlarging its territory by taking adjoining lands owned in severalty by different persons. It was held that all the owners, though having no joint interest, were properly made defendants together. Evergreen Cemetery Assoc, v. Beecher, 53 Conn. 551. Indiana.--One through whose lands a drain will run must be a party to the proceedings by notice or otherwise, and, unless this appear on the trial, the whole proceeding must fail. Wright v. Wilson, 95 Ind. 408. Where the proceedings are instituted by the party seeking the condemnation, it goes without saying that the owner of the land sought to be taken must be made a...

The Encyclopaedia of Pleading and Practice; Under the Codes and Practice Acts, at Common Law, in Equity and in Criminal Cases Volume 1
The Encyclopaedia of Pleading and Practice; Under the Codes and Practice Acts, at Common Law, in Equity and in Criminal Cases Volume 1

Author: Thomas Johnson Michie

Publisher: Rarebooksclub.com

Published: 2013-09

Total Pages: 594

ISBN-13: 9781230182797

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1903 edition. Excerpt: ...of record, demons v. Clemons, 69 Vt. 545. Valuation of Property.--In Indian Territory it has been held that since the officer's duty is to attach property enough to cover the claim sued upon, he should designate in his return the approximate value of the property seized, thereby showing how in this regard he has discharged his duty. Barton v. Ferguson. 1 Indian Ter. 263. Appraisement.--In Kansas, where the sheriff is required to call in two disinterested persons to appraise the property attached, a failure of the officer to participate in the appraisement is not material error. Emerson v. Thatcher, 6 Kan. App. 325. Nor need the appraisement be immediately made. Dodson i. Wightman, 6 Kan. App. 835. And the appraisement of chattels which the appraisers are not able to see and examine will not render the levy wholly invalid. Dodson v. Wis;htman. 6 Kan. App. S35. Property Already in Possession of Officer.--German Sav. Bank v. Capital City Oatmeal Co., 108 Iowa 3S0. Failure to Serve the Inventory upon the defendant does not affect the validity of the levy. West v. Berg, 66 Minn. 287. Amendment of Eeturn.--The return, including the inventory, may be amended so as to show the facts. Hannon v. Bramley, 65 Conn. 193Chaffee v. Runkel, n S. Dak. 333; Foster v. Davenport, 109 Iowa 329; Dunn v. Arkenburgh, 48 N. Y. App. Div. 518, affirmed 165 N. Y. 669. Especially, where the amendment re lates to matters which occurred after the entry of the writ. Harding v. Riley. 181 Mass. 334. But the amendment must be made in the cause in which the writ issued, and when made it becomes the return. Bishop v. Poundstone, 11 Colo. App. 73 The amendment may be allowed even after an appeal has been taken in the action. Tennent-Stribbling Shoe Co. v....

The Encyclopaedia of Pleading and Practice; Under the Codes and Practice Acts, at Common Law, in Equity and in Criminal Cases Volume 4
The Encyclopaedia of Pleading and Practice; Under the Codes and Practice Acts, at Common Law, in Equity and in Criminal Cases Volume 4

Author: William Mark McKinney

Publisher: Rarebooksclub.com

Published: 2013-09

Total Pages: 636

ISBN-13: 9781230193052

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1896 edition. Excerpt: ...the pro sion to file the original papers, as re-ceedings appearing upon the record of quired by statute, in the court to the court, which, together with the which the change is made, is not indictment and all other papers in the waived by the appearance of the case, must be transmitted to the clerk party against whom the change was of the court to which the venue has made, for the purpose of moving to been changed," simply requires a tran dismiss the action. Hall v. Royce, script of the entries in the "record 56 Iowa 359. 3. Harrall v. State, 26 Ala. 52. See Ammons v. State, 9 Fla. 530. "Proceedings" Denned.--"Proceedings," in a statute requiring transmission of a transcript of the proceedings, merely means the orders made book," together with the indictment and all the papers, but does not require the transmission of a transcript of the indictment and of all the original papers as well as the papers themselves. Sharp v. State, 2 Iowa 454. Under a statute requiring the transaffidavit, and information thereon to be transmitted;1 but in some jurisdictions mere copies or transcripts are sufficient. b. Sufficiency Of Transcript.--Where all the original papers, or copies thereof, are not required to be transmitted, a transcript of the record should be sent for the purpose of acquainting the new court with the status of the case. mission of the transcript and the original papers, it is unnecessary that the indictment should be copied at length in the transcript. Powers v. State, 87 Ind. 144. The transcript need not contain a copy of the indictment, where the original indictment is sufficiently identified by being sealed up and transmitted with the transcript and other papers. Leslie v. State, 83 Ind. 180....