An Abridgment of the Law of Nisi Prius ...W. Clarke and Sons, 1812 - 1250 σελίδες |
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Σελίδα iii
... sub- joined ; and the Index to the principal matters has been enlarged . In other respects , this edi- tion corresponds with the former . Lincoln's Inn , July , 1812 . PREFACE TO SECOND EDITION . THE HE object of the.
... sub- joined ; and the Index to the principal matters has been enlarged . In other respects , this edi- tion corresponds with the former . Lincoln's Inn , July , 1812 . PREFACE TO SECOND EDITION . THE HE object of the.
Σελίδα 8
... matter , which tends to shew that he was never ac- countable : or a release . When the plaintiff charges the defendant as receiver from such a time to such a time " , the defendant must answer the whole time ( 7 ) precisely ( 8 ) . By ...
... matter , which tends to shew that he was never ac- countable : or a release . When the plaintiff charges the defendant as receiver from such a time to such a time " , the defendant must answer the whole time ( 7 ) precisely ( 8 ) . By ...
Σελίδα 8
... matter prove that he is not accountable , yet , as upon the delivery , he was accountable conditionally , ( viz . if he did not deliver over , ) the evidence does not support the plea . So a release cannot be given in evidence under the ...
... matter prove that he is not accountable , yet , as upon the delivery , he was accountable conditionally , ( viz . if he did not deliver over , ) the evidence does not support the plea . So a release cannot be given in evidence under the ...
Σελίδα 8
... matters in question , and for the trouble in auditing and taking such account , shall have such allowance as the court ... matter in bar , except a release , or plene computavit ; but must plead before the au- ditors . The exceptions ...
... matters in question , and for the trouble in auditing and taking such account , shall have such allowance as the court ... matter in bar , except a release , or plene computavit ; but must plead before the au- ditors . The exceptions ...
Σελίδα 8
... matter in discharge , which is denied by the plaintiff , so that the parties are at issue , the auditors must certify the record to the court , who , there- upon , will award a venire facias to try it ; and if on the trial the plaintiff ...
... matter in discharge , which is denied by the plaintiff , so that the parties are at issue , the auditors must certify the record to the court , who , there- upon , will award a venire facias to try it ; and if on the trial the plaintiff ...
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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...