 | Law reports, digests, etc - 1838 - 700 pages
...right to enforce a performance. V. Rescinding. I. agreement. (a) What constitutes an agreement. 1. A judgment is in no sense a contract or agreement between the parties. Wyman v. Mitchell, 1 Cow. 316. 2. Where a joint owner of a cargo of brandy, ordered from France, and... | |
 | Alabama. Supreme Court, Benjamin Faneuil Porter - Law reports, digests, etc - 1840 - 816 pages
...Having attained that conclusion, Sutherland, Justice, says: "Now a judgment is in no sense a contractor agreement between the parties— it is only evidence...judgment obtained subsequent to the passing of the act,where the agreement which was the foundation of the judgment, was made anterior to the act." In... | |
 | Alabama. Supreme Court - Law reports, digests, etc - 1870 - 806 pages
...case of Wyman v. Skipper v. Stokes and Stokes v. Skipper. Mitchell, 1 Cowan, 320, this sentence — "Now a judgment is in no sense a contract or agreement...a pre-existing duty, obligation or agreement," and in that case this court held that the statute of limitations then in force did not apply to judgments.... | |
 | Law reports, digests, etc - 1895 - 1140 pages
...wanting. There is no aggregatio mentium. The defendant has not voluntarily assented or promised to pay. "A judgment is, in no sense, a contract or agreement between the parties." These cases, and the other United States cases referred to, to sustain the decree of the trial court,... | |
 | United States. Comptroller of the Treasury - Finance, Public - 1885 - 414 pages
...binding until vacated or reversed. In Wymau r. Mitehell (1 Cowen, 316), Sutherland, J., said that " a judgment is in no sense a contract or agreement between the parties." In McCoun •». the New York Central aud Hudson River Railroad Company (50 NY, 176), Allen, J., yaid... | |
 | United States treasury dept - 1885 - 424 pages
...binding until vacated or reversed, lu Wyman r. Mitchell (1 Cowen, 316), outlierland, «I., said that " a judgment is in no sense a contract or agreement between the parties." In McCouu v. the New York Central and Hudson River Railroad Company (50 NY, 176), Allen, J., (¿aid... | |
 | United States. Comptroller of the Treasury - Finance, Public - 1885 - 424 pages
...binding until vacated or reversed. In Wyman v. Mitchell (1 Coweu, 316), Sutherland, J., said that " a judgment is in no sense a contract or agreement between the parties." In McCoun v. the New York Central and Hudsou River Railroad Company (50 NY, 176), Allen, J., said that... | |
 | Civil procedure - 1889 - 526 pages
...to exteiul it to judgments or statutory duties. ['] In Wyman r. Mitchell (1 CMC. 316), it was said, "A judgment is in no sense a contract or agreement between the parties." In the McCoun case (McCoun r. NT Cent. & Hudson River RR Co., 50 NY 176), in construing the words "... | |
 | United States. Supreme Court - Law reports, digests, etc - 1892 - 774 pages
...wanting. There is no aggregatio mentium. The defendant has not voluntarily assented or promised to pay. " A judgment is, in no sense, a contract or agreement between the parties." Wyman v. Mitchell, 1 Cowen, 316, 321. In McConn v. New York Central, &c. Railroad, 50 NY 176, 180,... | |
 | Ernest Wilson Huffcut, Edwin Hamlin Woodruff - Contracts - 1894 - 762 pages
...binding until vacated or reversed. In Wyman v. Mitchell (1 Cowen, 316), Sutherland, J., said that " a judgment is in no sense a contract or agreement between the parties." In AfcCoun v. The New York Central and Hudson River Railroad Company (50 NY 176), Allen, J., said that... | |
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NY 176, 180, it was said that "a statute liability wants all the elements of a contract, consideration and mutuality, as well as the assent of the party. Even a judgment founded upon a contract is no contract. 
