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" ... there must be some actual or threatened exercise of power possessed, or believed to be possessed, by the party exacting or receiving the payment over the person or property of another, from which the latter has no other means of immediate relief than... "
Federal Decisions: Cases Argued and Determined in the Supreme, Circuit and ... - Page 359
1888
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Reports of Cases at Law and in Equity Argued and Determined in ..., Volume 49

Arkansas. Supreme Court - Law reports, digests, etc - 1888 - 666 pages
...as by actual duress. It is sufficient, say the court in Radich v. Hutchins, su/>., when there is " some actual or threatened exercise of power possessed,...means of immediate relief than by making the payment." See, too, Burr v. Burton, 18 Ark., 233. It will be seen from this that there must be a pressing and...
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Reports of Cases in Law and Equity, Argued and Determined in the ..., Volume 68

Georgia. Supreme Court - Equity - 1883 - 926 pages
...allegations of facts in this writ that show "there was some actual or threatened exercise of power, by the party exacting or receiving the payment, over the person or property of plaintiff, from which he had no other immediate means of relief?" We see none. The writ must be construed...
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Michigan Reports: Cases Decided in the Supreme Court of Michigan, Volume 52

Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - Law reports, digests, etc - 1885 - 734 pages
...making it may anticipate seizure of goods : Vicksburg v. Butler 56 Miss. 72 ; though there must be actual or threatened exercise of power, possessed or believed to be possessed, by the person exacting or receiving the payment, on the person or property of another, for which the other...
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The American Reports: Containing All Decisions of General ..., Volume 13

Isaac Grant Thompson - Law reports, digests, etc - 1875 - 840 pages
...to render payments involuntary, may often be a question of difficulty. It maybe said in general that there must be some actual or threatened exercise of power possessed, or supposed to be possessed, by the party exacting or receiving the payment over the person or property...
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United States Reports, Supreme Court: Cases Argued and ..., Volume 5; Volume 95

United States. Supreme Court - Law reports, digests, etc - 1878 - 858 pages
...impressing or other officer, exercising or claiming to exercise any power for its seizure, or had any thing to do with the command or operations of the armed...possessed, by the party exacting or receiving the paymont over the person or property of another, from which the latter has no other means of immediate...
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Pacific Coast Law Journal: Containing All the Decisions of the ..., Volume 1

Electronic journals - 1878 - 542 pages
...constitute the coercion or duress which will be regarded as sufficient to make a payment involuntary, there must be some actual or threatened exercise of...payment. As stated by the Court of Appeals of Maryland, as a doctrine established by the authorities, " a payment is not to be regarded as compulsory unless...
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San Francisco Law Journal, Volume 1

Law - 1878 - 442 pages
...duress which will be regarded as sufficient to make a payment involuntary there must be some actual and threatened exercise of power possessed or believed...property of another, from which the latter has no other immediate means of relief than by making payment. A payment is not to be regarded as compulsory unless...
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A Treatise Upon Some of the General Principles of the Law: Whether ..., Volume 6

William Wait - Actions and defenses - 1879 - 1002 pages
...coercion which will render a payment involuntary must consist of some actual or threatened exercise of a power possessed, or believed to be possessed by the party exacting or receiving payment, over the person or property of another from which the latter has no other means of immediate...
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Reports of Cases Decided by the English Courts: With Notes and ..., Volume 24

Nathaniel Cleveland Moak - Law reports, digests, etc - 1880 - 914 pages
...London and North Western Railway Co. v. Evershed. 1878 render a payment involuntary must consist of some actual or threatened exercise of power possessed,...no other means of immediate relief than by making payment : Kadich v. Hutchins, 05 US R~, 210. In order to constitute digress of the person, the threat...
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The Federal Reporter, Volume 130

Law reports, digests, etc - 1904 - 1148 pages
...a part of the amountthere must be some actual or threatened exercise of power possessed, or beHeved to be possessed, by the party exacting or receiving...person or property of another, from which the latter h;is no other means of Immediate relief than by making the payment. As stated by the Court of Appeals...
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