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action affidavit aforesaid afterwards agreement alleged annuity appears assignment assumpsit attorney bail bank Bank of England bankrupt bankruptcy Bepton bill of exchange borough cargo cause charged common consideration contract costs count court covenant creditor damages dant debt deed defendant defendant's delivered demand demised demurrer discharge Dourado entered entitled evidence execution executors Fauntleroy fendant freight ground heirs held Henry Fauntleroy Hilary Term indenture indorsed insolvent issue judge judgment jury land lease liable Lord Chief Justice Lyme Regis Marsh Mary Pickering ment messuages nonsuit notice obtained a rule opinion Oporto paid parties payable payment person Pickering plaintiff plea pleaded possession premises purchaser question received recover rent rent-charge replication Serjeant Serjeant Talfourd sheriff shew ship statute sufficient tenant testator thereof Thomas Pickering tiff tion trade trial trustees verdict warrant Woolbeding writ
Σελίδα 246 - use of the said Thomas Pickering of Canterbury, and his assigns, for and during the term of his natural life, without impeachment of or for any manner of waste; and, from and after the determination of that estate, by forfeiture or otherwise, to the use of the said
Σελίδα 411 - month at least before the commencement of the action; and in any such action the defendant may plead the general issue and give this act and the special matter in evidence at any trial to be had thereupon; and no plaintiff (hall recover in any such action if
Σελίδα 106 - In every species of assumpsit, all matters in confession and avoidance, including not only those by way of discharge, but those which shew the transaction to be either void or voidable in point of law, on the ground of fraud or otherwise, shall be specially pleaded; ex. gr. infancy, coverture, release,
Σελίδα 238 - by any deed or deeds, instrument or instruments in writing, with or without power of revocation, to be sealed and delivered by her in the presence of and attested by two or more credible witnesses, or by her last will and testament in writing, or any writing purporting to be or
Σελίδα 411 - recover in any such action if tender of sufficient amends shall have been made before such action brought, or if a sufficient sum of money shall have been paid into court after such action brought, by or on behalf of the defendant ; and, if a verdict
Σελίδα 464 - to the 23rd June, 1832, when the said deposit was returned: and, if the court should be of opinion that the plaintiff was entitled to recover any further compensation for the loss of the use of the said 1500/. during the period last mentioned, the arbitrator found that the sum of
Σελίδα 581 - promise alleged, or of the matters of fact from which the contract or promise alleged may be implied by law. Ex.gr. In an action on a warranty, the plea will operate as a denial of the fact of the warranty having been given upon the alleged consideration, but not of
Σελίδα 174 - any bankrupt, at the time he becomes bankrupt, shall, by the consent and permission of the true owner thereof, have in his possession, order, or disposition any goods or chattels whereof he was reputed owner, or whereof he had taken upon himself the sale, alteration, or disposition as owner, the
Σελίδα 586 - Thesiger now shewed cause. — The motion is founded upon the 74th rule of Hilary Term, 2 Will 4, which provides that "no costs shall be allowed on taxation to a plaintiff upon any counts or issues upon which he has not succeeded; and the costs of all issues found for the defendant shall be deducted from the plaintiffs costs,
Σελίδα 183 - Mr. Price, on behalf of the bail, in Michaelmas Term last, obtained a rule calling upon the plaintiff to shew cause why the time for rendering the defendant should not be enlarged until after he should have passed his last examination under the fiat.