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. 1831 Excerpt: ... II. Johnson's Reports, 57; Dibleevs. Bell, XI. Ib. 103; I. Chitty, 555. Therefore, the original declaration was good, and the court consequently erred in sustaining the demurrer to it. Wherefore, if the amendment be considered as alone constituting the declaration, and the overruling of the demurrer to it, were ...
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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. 1831 Excerpt: ... II. Johnson's Reports, 57; Dibleevs. Bell, XI. Ib. 103; I. Chitty, 555. Therefore, the original declaration was good, and the court consequently erred in sustaining the demurrer to it. Wherefore, if the amendment be considered as alone constituting the declaration, and the overruling of the demurrer to it, were assigned for error, as it well might have been in that aspect of the case, (for then it would have been error, ) nevertheless, as the first error was committed against Barnet, in sustaining Gentry's demurrer to the original declaration, which was good, this court would not reverse the judgment for the error, afterwards committed in deciding on the amendment which the court erroneously compelled Barnet to file. Nor can the 3d objection be sustained. The court Gentrt could not render judgment for both specie and bank B vs. ARNET. paper. It has not done so. It has given judgment--as it should have done, for the specie and for the Court cannot value of the paper awarded. An award that one Feder on, riLr., . f judgment for party pay to the other, property, or perform any specie and other act, within the scope of the submission, would commonsurely, be valid. An award that he should pay both weal, h pinfc money and property, would, consequently, be good, must'be re-P6r Judgment could not be rendered for the specific pro-duced to its pcrty, in kind. It would be necessary to ascertain sPecie value, its value in money, and then pronounce judgment on the award, for the aggregate amount in specie. Such was the course pursued in this case. It is probable that some of the contracts in this case, were for money and others for bank paper. If so, it was proper to award that the contracts for money should be discharged in money, and that those for paper should be paid i
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PLEASE NOTE, WE DO NOT SHIP TO DENMARK. New Book. Shipped from UK in 4 to 14 days. Established seller since 2000. Please note we cannot offer an expedited shipping service from the UK.
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