Common-law Pleading ... Instruction Paper, Τόμος 1American School of Correspondence, 1923 |
Συχνά εμφανιζόμενοι όροι και φράσεις
action of debt action of ejectment action of trespass actions ex aforesaid action assumpsit averment bond breach called casual ejector cause of action claim Code Pleading commencement common common-law pleading confession and avoidance court of equity covenant damages declaration defendant defendant's demurrer detinue dilatory plea effect ex delicto example exists express promise Forms of Action Foundations of Legal Hist injury issues of fact John Nokes Joseph Styles judgment jury land Legal Liability maintain his aforesaid matter ment necessary ouster owner peremptory plea plaintiff pleader Pleading Tyler's possession present day procedure proof proper proved Provisions of Oxford real actions real property recover recovery rejoinder remedy replevin replication right of action scope simple contract statement of facts statute Statute of Westminster Subject-Continued subsequent substantive law sues Suppose tain tion tort traverse trial trover variance venue vicious dog videlicet words writ of trespass
Δημοφιλή αποσπάσματα
Σελίδα 77 - Williams, his attorney, comes and defends the wrong and injury when, etc., and says that the plaintiff ought not to have or maintain his aforesaid action...
Σελίδα 16 - The man who has a quarrel with his neighbour comes thither to choose his weapon. The choice is large; but he must remember that he will not be able to change weapons in the middle of the combat, and also that every weapon has its proper use and may be put to none other. If he selects a sword, he must observe the rules for sword-play; he must not try to use his cross-bow as a mace.
Σελίδα 60 - ... the declaration should be proven as laid. If a plaintiff may allege In his declaration one ground of recovery, and on the trial prove another, a defendant never could be prepared for trial. One great object of a declaration is to notify the defendant of the nature and character of the plaintiff's demand, so that he may be able to prepare for a defense; but If one ground of action may be alleged, and another proven, a declaration would be a delusion, and, instead of affording a defendant notice...
Σελίδα 75 - ... and became and was sick, sore, lame and disordered, and so remained and continued for a long space of time...
Σελίδα 76 - And the said defendant, by WND, his attorney, comes and defends the wrong and injury when...
Σελίδα 74 - America, and a resident of , plaintiff in this suit, by , his attorney, complains of , defendants, of the said district, of a plea of trespass on the case : For that whereas...
Σελίδα 50 - ... need only be stated. The circumstances which tend to prove the ultimate fact can be used for the purposes of evidence, but they have no place in the pleadings.
Σελίδα 79 - Wherefore he Prays Judgment, and his Damages by him sustained by reason of the not performing of the said Several Promises and Undertakings, to be adjudged to him...
Σελίδα 9 - Scotland, and which concern the law and administration of justice, shall be in the English tongue and language only, and not in Latin or French, or any other tongue or language whatsoever, and shall be written in such a common legible hand and character, as the acts of parliament are usually...
Σελίδα 78 - ... because he says, that the said several supposed causes of action in the said declaration mentioned, did not, nor did any or either of them, accrue to the said plaintiff, at any time within six years next before the commencement of this suit...