An Abridgment of the Law of Nisi Prius ...W. Clarke and Sons, 1812 - 1250 σελίδες |
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Αποτελέσματα 1 - 5 από τα 100.
Σελίδα 14
... demurrer , a question arose , whether the action was trespass or case . Cooke v . Sayer k Guard v . Hodge , 10 East , 32 . 1 Cooke v . Sayer , 6 East's Rep . 389 . 2 Burr . 753. Bull . N. P. 28 . m Macfadzen v . Olivant , 6 East's Rep ...
... demurrer , a question arose , whether the action was trespass or case . Cooke v . Sayer k Guard v . Hodge , 10 East , 32 . 1 Cooke v . Sayer , 6 East's Rep . 389 . 2 Burr . 753. Bull . N. P. 28 . m Macfadzen v . Olivant , 6 East's Rep ...
Σελίδα 30
... , Str . 1162 . t White v . Shaw , 2 Wils . 203. adjudg ed on special demurrer . u Stante v . Pricket , 1 Camp . N. P. C. 473 : Justification in Defence of Person - If the plaintiff was 30 ASSAULT AND BATTERY . Of the Pleadings.
... , Str . 1162 . t White v . Shaw , 2 Wils . 203. adjudg ed on special demurrer . u Stante v . Pricket , 1 Camp . N. P. C. 473 : Justification in Defence of Person - If the plaintiff was 30 ASSAULT AND BATTERY . Of the Pleadings.
Σελίδα 31
... demurrer the plea was holden ill , for the as- sault on the master might be over , and the servant cannot strike by way of revenge , but in order to prevent an injury ; and the right way of pleading is , that the plaintiff would have ...
... demurrer the plea was holden ill , for the as- sault on the master might be over , and the servant cannot strike by way of revenge , but in order to prevent an injury ; and the right way of pleading is , that the plaintiff would have ...
Σελίδα 33
... demurrer , it was contended that the defendant ought to have set forth particularly who made the lease , when it was made , and for how many years ; but the court held the plea good , for the statement of the possession for years , was ...
... demurrer , it was contended that the defendant ought to have set forth particularly who made the lease , when it was made , and for how many years ; but the court held the plea good , for the statement of the possession for years , was ...
Σελίδα 35
... demurrer , the plaintiff will be en- titled to judgment ; for it is a rule of pleading that the party justifying must shew and admit the fact . The fact admitted must also amount in law to a battery by the de- fendant , otherwise it ...
... demurrer , the plaintiff will be en- titled to judgment ; for it is a rule of pleading that the party justifying must shew and admit the fact . The fact admitted must also amount in law to a battery by the de- fendant , otherwise it ...
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Συχνά εμφανιζόμενοι όροι και φράσεις
acceptance acceptor act of bankruptcy action brought action for money adjudged afterwards agreement appear arrest assigned assumpsit averred bankrupt bill of exchange bond breach Buller Burr Camp carrier Carth cause of action cited commission common law consideration contract court covenant coverture Cowp creditor damages deed defendant pleaded defendant's delivered demised demurrer detinue discharged distrain Doug drawer East East's Eliz endorser evidence execution executor feme covert fendant given heir holden Holt C. J. indenture Inst issue judgment jury land latitat lease lessee lessor liable Lord Ellenborough C. J. Lord Hardwicke Lord Mansfield marriage ment non est factum notice observed opinion paid party payable payee payment person plaintiff plea promise promissory note prove Raym received recover rent rule Salk sheriff shew stat statute sued sufficient tenant testator tion trade trespass usury verdict void Wils writ
Δημοφιλή αποσπάσματα
Σελίδα 443 - After verdict for the plaintiff, it was moved in arrest of judgment that the action would not lie for this false affirmation, but the plaintiff ought to have informed himself by others.
Σελίδα 239 - ... in the same manner as if the action had been brought by and in the name of the deceased.
Σελίδα 464 - The distinction is very clear, where mutual covenants go to the whole of the consideration on both sides, they are mutual conditions, the one precedent to the other. But where they go only to a part, where a breach may be paid for in damages, there the Defendant has a remedy on his covenant, and shall not plead it as a condition precedent.
Σελίδα 224 - ... if he shall have paid the debt, or any part thereof, in discharge of the whole debt...
Σελίδα 459 - When a ship is driven on shore, it is the duty of the master either to repair his ship, or to procure another; and having performed the voyage, he is then entitled to his freight ; but he is not entitled to the whole freight, unless he perform the whole voyage, except in cases where the owner of the goods prevents him ; nor is he entitled pro rata unless under a new agreement.
Σελίδα 226 - ... petition to the Lord Chancellor, Lord Keeper or Lords Commissioners of the Great Seal...
Σελίδα 124 - ... and this he is ready to verify; wherefore he prays judgment if the plaintiff ought further to maintain his action.
Σελίδα 411 - And this difference was taken, that where the law creates a duty or charge, and the party is disabled to perform it without any default in him, and hath no remedy over, there the law will excuse him.
Σελίδα 137 - Defendant, or if either Party sue or be sued as Executor or Administrator, where there are mutual Debts between the Testator or Intestate and either Party, one Debt may be set against the other, and such Matter may be given in Evidence upon the General Issue, or pleaded in Bar, as the Nature of the Case shall require...
Σελίδα 230 - That where it shall appear to the commissioners, or the major part of them, that there hath been mutual credit given by the bankrupt and any other person...