American Law Reports Annotated Volume 8

American Law Reports Annotated Volume 8

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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. 1920 edition. Excerpt: ...and the court held that the wife was sued as a feme sole. Coverture was not pleaded. Judgment was rendered on default, and the court refused a writ of error. The ground of the decision is stated as follows: 'They now claim that, because they then had a legal defense, ... which they chose not to avail themselves of, the judgment is erroneous and ought to be reversed. We think otherwise. They have had their day in court. They have once had a fair opportunity to try the same questions which are not presented. They chose not to avail themselves of it, and the law will not allow them another." The same principle of equitable estoppel runs through all these cases. It obtains here. The defendant in this legal battle voluntarily laid down or designedly concealed a weapon which she might have successfully used. It is too late now for her to resume it and thereby unjustly deprive the plaintiff of the fruits of her victory. Exceptions sustained. ANNOTATION. Waiver of privilege against or nonliability to'arrest in civil action. I. Right to waive, 754. II. What constitutes waiver: a. Failure to claim or plead privi lege, 755. b. Delay in claiming privilege, 757. I. Bight to waive. An exemption from civil arrest granted to a freeholder, to a married woman, to a voter on election day, to a person who has taken the poor debtor's oath, to a person attending court as a witness or attorney or serving as a juror, or to a member of a state legislature, or other public officer, is generally regarded as a personal privilege II.--continued. c. General appearance or pleading to merits, 757. d. Giving bail, 757. e. False representation as to status, 760. which may be waived by the person on whom it is conferred. United States.--See Lamed v. Griffin (1882) more

Product details

  • Paperback
  • 189 x 246 x 49mm | 1,710g
  • Miami Fl, United States
  • English
  • black & white illustrations
  • 123657026X
  • 9781236570260