Description - The American and English Encyclopaedia of Law Volume 1 by David Shephard Garland
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: ...it was held that the words "adjudged invalid," as used in a tax statute, embraced only a judgment of a court of competent jurisdiction. The Sum Adjudged.--The sum adjudged to be paid on a conviction " refers to the sum in which the party is convicted, and does not include the costs." Reg. v. Warwickshire, 6El. & Bl. 837. "I think the sum adjudged means the sum in respect of which the order of adjudication is made." Ricardo v. Board of Health, 2 H. & N. 264. Exclusion of Chinese--Adjudged in the Sense of Found, Decided.--A United States statute provided that any Chinese person convicted and adjudged to be unlawfully in the United States should be imprisoned, etc. It was held that the proceeding was summary, and that the statute was of a political and not a criminal nature, and could not be made the basis of an indictment. The court said: "What is termed 'being convicted and adjudged' means 'found, ' 'decided' by the commissioner representing not the criminal law, but the political department of the government." U. S. v. Hing Quong Chow, 53 Fed. Rep. 234. Pleading.--In Edwards v. Hellings, 99 Cal. 2r5, it. was held that in an action upon a judgment the complaint must show that a final judgment has been recovered, and that an allegation that in the prior action the court adjudged that the defendant should pay a certain sum of money, without the use of the word "judgment," was insufficient. The court said: "But we cannot imagine how the nrost accomplished pleader could manage to plead a judgment without using the word 'judgment'; and there is no apparent reason why he should try to do it. In the complaint in the case at bar there is no averment of any judgment; the only allegation...
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