A Treatise on the Law of Judgments: Including the Doctrine of Res Judicata, Volum 1

Portada
West Publishing Company, 1891 - 1270 pàgines
 

Continguts

Joint Defendants
20
CHAPTER II
26
281
38
CHAPTER III
53
For Future Advances
71
For contingent Liabilities 73 Amount of the Judgment
77
Liquidation of Amount by Clerk
78
Inclusion of Attorneys Fees
79
Recording the Judgment 77 Reversing and Vacating Judgments by Confession
80
Effects of confessed Judgment
82
CHAPTER IV
83
Joint Defendants
86
Jurisdiction of the Defendant
87
Must be founded on good Declaration
89
Premature Entry of Default 86 Default when proper
91
Conclusiveness of Judgment by Default
94
Entry by the Clerk
96
Interlocutory Judgment when necessary
97
CHAPTER V
103
CHAPTER VI
113
Contents of the Judgment
123
Form of the Judgment
124
Designation of the Parties
126
Designation of the Property
127
Designation of Amount of Recovery
128
Conditions in Judgment
133
CHAPTER VII
143
I
151
Evidence
153
Relation back of Order
154
Effect upon Third Persons
155
CHAPTER VIII
156
Allowance of Credits
162
Tender Counterclaim Offer of Compromise 145 Joint Parties
163
Affirmative Relief to Defendant 147 Interest
165
Conditions as to Payment
166
Statutory Damages
167
CHAPTER IX
171
Amendment during the Term
172
Amendment after the Term
173
Correction of Clerical Errors
174
Supplying Omissions
176
Reforming and Perfecting the Judgment
178
Judicial Errors not to be thus Corrected
180
Amendment as to Amount of Judgment
181
Amendment in Respect of Parties
182
What Courts have Power of Amendment
184
Time of making Application
185
Method of applying for Amendment
186
Notice of Application
187
Evidence
188
Method of making Corrections 167 Allowance of Amendment is discretionary
191
Jurisdiction of Equity 169 Effect of Amendments on Third Persons
192
CHAPTER X
194
Disqualified Judge
202
Acts of Judge de Facto
203
Judge out of Office 177 Time and Place of holding Court
204
Place of Trial
206
Judgment rendered in Vacation
207
CHAPTER XI
217
Entry of Judgment against Decedent Nunc pro Tune 208 Jurisdiction must be acquired before Partys Death
240
Judgment for Deceased Plaintiff
241
Judgments against Insane Persons
243
Joint Defendants at Common
245
In Actions of Tort 208 Joint Debtor Acts
247
One Defendant suffering Default
249
Judgment when Several when Joint
250
Joint Judgment as an Entirety
251
Confession of Judgment by Joint Defendants 213 Misnomer of Parties 214 Descriptio Persona
255
CHAPTER XII
259
Consent cannot confer Jurisdiction
264
Judgment without Jurisdiction is Void
265
Judgment against One not a Party 220 Notice to Defendant
267
Statutes dispensing with Citation
268
Statutes regulating Mode of Citation 223 Defects in the Process
270
Defects in the Service
271
Appearance as a Waiver of Citation
273
Defendants Right to be heard 227 Judgments against NonResidents
275
ExtraTerritorial Service of Process
277
Jurisdiction by Attachment of NonResidents Property
278
What Property bound
281
Service by Publication without Attachment
282
Statutes authorizing Constructive Service to be strictly construed
283
Probate Courts
284
Federal Courts
285
Joint Defendants 234 Joint Judgment as an Entirety
286
Joint Judgment authorized by Statute
287
Statutory Several Judgment 237 Judgment against Partners
288
Appearance for Defendant not Served 239 Construction of Judgment against Defendants generally
290
Jurisdiction of the SubjectMatter
291
Sufficiency of Declaration
292
Jurisdiction of Question decided
293
Loss of Jurisdiction
295
Jurisdiction attaching Error does not Vitiate
296
CHAPTER XIII
297
THE GENERAL RULE 245 Judgments not to be Attacked Collaterally
298
To what Judgments the Rule applies
300
Tax Judgments
302
Adjudications in Bankruptcy 249 Awards
303
Judgments of Inferior Courts
304
CoOrdinate Courts
305
What constitutes a Collateral Attack
306
Proceedings to prevent Execution of the Judgment
307
Habeas Corpus Proceedings
309
Errors and Irregularities not Reviewable
310
Jurisdiction may be examined
312
Constitutionality of Statutes
314
Jurisdiction to render the Particular Sentence
316
Sufficiency of Process or Pleadings 260 To what Parties the Rule applies
317
Silence or Incompleteness of the Record
330
Appearance by Attorney
332
Jurisdictional Recitals
333
Decision of the Court upon its own Jurisdiction
336
Cases denying Conclusiveness of Record
337
Arguments on the Conclusiveness of Records
342
No Presumption against the Record
345
No Presumption of Validity on Direct Attack
360
Foreign Judgments PART IV FOR FRAUD 290 Whether Parties can Impeach Judgment for Fraud
362
Fraud in Procuring the Judgment
364
Fraud in the Cause of Action
366
Creditor may show Fraud in a Judgment
367
Fraud must affect the Creditors
368
What Creditors allowed to allege Fraud
369
False Testimony
370
CHAPTER XIV
371
THE POWER To Vacate JUDGMENTS 297 What Courts possess the Power
372
Legislature cannot interfere
373
THE METHOD OF Seeking RELIEF
375
By Audita Querela
376
By Error Coram Nobis
377
By Bill of Review
378
By Direct Action 303 By Motion
379
Indirect Vacation of Judgment PART III THE TIME OF APPLYING 805 During the Term
380
After the Term
382
Irregularities
403
Judgments against Persons under Disabilities 328 Unauthorized Entries
404
Judgment not Vacated because Erroneous 330 Not for Grounds which might have been pleaded in Defense
405
Illegality of Cause of Action
406
Newlydiscovered Evidence 333 Judgment on reversed Judgment
407
Statutory Grounds for Vacating Judgments
408
Mistake
409
Surprise
410
Casualty or Misfortune
411
Sickness of Defendant
412
Sickness of Counsel
413
Excusable Neglect
414
Negligence of Attorney
415
Misunderstanding of Counsel
418
Unavoidable Absence of Counsel 844 Fraud of Attorney
419
Misinformation as to Time of Trial
420
Evidence
429
Imposition of Terms
430
Partial Vacation of Judgment
431
Allowance of Application discretionary
432
Effect of Vacating Judgment
434
CHAPTER XV
436
JURISDICTION OF EQUITY TO ENJOIN THE ENFORCEMENT OF JUDGMENTS 356 Origin of the Power
437
Nature of Relief granted
438
What Adjudications subject to the Power
440
What Parties may Apply
441
What Courts exercise the Power
443
Concurrent Remedies
444
Relief on Motion
445
Same Appeal or Error
446
Same CrossActions and Actions over
447
GROUNDS FOR ENJOINING JUDGMENTS 365 General Grounds for Equitable Relief
448
General Rule stated
450
Errors and Irregularities
451
Fraud
454
Fraud in Preventing Defense
455
Fraud in Procuring the Judgment
457
Deceit and Concealment
458
Perjury 373 Taking Judgment contrary to Agreement
460
Unauthorized Appearance of Attorney
462
Negligence or Mistake of Counsel
463
Want of Jurisdiction
465
CHAPTER XVI
489
TO WHAT PROPERTY THE LIEN ATTACHES
490
Territorial Restriction of Lien
512
Transfer of Judgment to Another County
513
Lien binds Real Estate
514
Actual Interest of Debtor bound
515
Title held in Trust
516
Inchoate Title
518
Land Fraudulently Conveyed
519
Exempt Property 425 Homestead Property
521
LifeEstates 427 Estates by Curtesy
523
Reversions and Remainders
524
Leasehold Interests
525
Land held by Joint Owners
526
Partnership Property
527
AfterAcquired Property
528
Equitable Estates and Interests
529
Equity of Redemption
531
Judgment against Trustee 436 Land held under a Power
532
Judgment against Cestui Que Trust
534
Interest of Vendor under Executory Contract
536
Interest of Vendee under Executory Contract
539
Estates successively conveyed PART IV DATE OF THE LIEN 441 Common Law Rule
540
Exceptions to the Rule
542
Present Statutory Rules
544
Cases in which Lien relates back
546
PRIORITY AND PRECEDENCE OF JUDGMENTLIENS 445 Lien is subject to Prior Equities
547
As against Prior Unrecorded Conveyance
549
Precedence of PurchaseMoney Mortgage
550
DURATION OF THE LIEN
563
Dormant Judgment Acts
564
Legislative A bridgement of the Time 464 Lien of Transferred Judgment
565
Extension of Lien by Agreement of Parties 466 Survival against JudgmentDebtor
566
Death of JudgmentDebtor 468 Remedies of Creditor after Expiration of Lien PART VII SUSPENSION AND Discharge of JUDGMENTLIENS 469 G...
568
Suspension of Lien by Injunction
569
Stay of Proceedings
570
Opening or Vacating Judgment 478 Appeal or Error
571
Bankruptcy 475 Appointment of Receiver 476 Taking Defendant on Ca
572
Payment 478 Cancellation or Entry of Satisfaction
573
Sale of the Land 480 Acquisition of Title by JudgmentCreditor 481 Release of Lien
574
CHAPTER XVII
576
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Passatges populars

Pàgina 267 - Where a court has jurisdiction, it has a right to decide every question which occurs in the cause; and whether its decision be correct or otherwise, its judgment, until reversed, is regarded as binding in every other court. But if it act without authority, its judgments and orders are regarded as nullities. They are not voidable, but simply void, and form no bar to a recovery sought, even prior to a reversal in opposition to them.
Pàgina 279 - Process from the tribunals of one state cannot run into another state, and summon parties there domiciled to leave its territory and respond to proceedings against them. Publication of process or notice within the state where the tribunal sits cannot create any greater obligation upon the nonresident to appear. Process sent to him out of the state, and process published within it, are equally unavailing in proceedings to establish his personal liability.
Pàgina 296 - I cannot doubt that, upon general principles, such a defect must avoid a judgment. It is impossible to concede that because A and B are parties to a suit, a court can decide any matter in which they are interested, whether such matter be involved in the pending litigation or not. Persons, by becoming suitors, do not place themselves for all purposes under the control of the court, and it is only over those particular interests which they choose to draw in question that a power of judicial decision...
Pàgina 250 - In an action against several defendants, the court may, in its discretion, render judgment against one or more of them, leaving the action to proceed against the others, whenever a several judgment may be proper.
Pàgina 452 - ... any fact which clearly proves it to be against conscience to execute a judgment, and of which the injured party could not have availed himself in a court of law, or of which he might have availed himself at law, but was prevented by fraud or accident unmixed with any fault or negligence in himself or his agents, will justify an application to a court of chancery.
Pàgina 308 - On the other hand, if the action or proceeding has an independent purpose and contemplates some other relief or result, although the overturning of the judgment may be important or even necessary to its success, then the attack upon the judgment is collateral.
Pàgina 63 - A married woman shall be capable of entering into and rendering herself liable in respect of and to the extent of her separate property on any contract, and of suing and being sued, either in contract or in tort, or otherwise, in all respects as if she were a feme sole...
Pàgina 366 - ... there shall be in this State hereafter, but one form of action, for the enforcement or protection of private rights and the redress or prevention of private wrongs, which shall be denominated a civil action.
Pàgina 465 - Where the unsuccessful party has been prevented from exhibiting fully his case, by fraud or deception practiced on him by his opponent, as by keeping him away from court, a false promise of a compromise; or where the defendant never had knowledge of the suit, being kept in ignorance by the acts of the plaintiff...
Pàgina 460 - The question of fraud which is open to examination In such case Is as to something which Intervened In the proceedings by which the Judgment was obtained, and It must have occurred In the very concoction or procuring of the judgment, and not have been known to the opposite party at the time. and for not knowing which he Is not chargeable with neglect or Inattention.

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