Cases on Common Law Pleading: Selected from Decisions of English and American CourtsWest Publishing Company, 1912 - 408 sider |
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Side 8
... complained of , was an action of trespass on the case , and that trespass vi et armis would not lie upon the case made by the declaration . By section 7 of chapter 148 of the code of 1860 , p . 635 , it is provided that " in any case in ...
... complained of , was an action of trespass on the case , and that trespass vi et armis would not lie upon the case made by the declaration . By section 7 of chapter 148 of the code of 1860 , p . 635 , it is provided that " in any case in ...
Side 12
... complained of was done ; that as he is entitled to the highway , ( excepting the public easement ) in virtue of being the adjoining proprietor to it , this is equivalent to an allegation that he was in possession of the locus in quo ...
... complained of was done ; that as he is entitled to the highway , ( excepting the public easement ) in virtue of being the adjoining proprietor to it , this is equivalent to an allegation that he was in possession of the locus in quo ...
Side 14
... complained of was made under lawful process , although wrongfully obtained . There was , therefore , no false imprisonment , the imprisonment being by lawful authority . Nebenzahl v . Townsend , 61 How . Prac . ( N. Y. ) 353 , 356 ...
... complained of was made under lawful process , although wrongfully obtained . There was , therefore , no false imprisonment , the imprisonment being by lawful authority . Nebenzahl v . Townsend , 61 How . Prac . ( N. Y. ) 353 , 356 ...
Side 15
... complained of . But while , for the reasons above given , we think the demurrer should be sustained , yet , as the form of action employed by the plaintiff is case , which is the proper one in actions for malicious prosecution , we see ...
... complained of . But while , for the reasons above given , we think the demurrer should be sustained , yet , as the form of action employed by the plaintiff is case , which is the proper one in actions for malicious prosecution , we see ...
Side 17
... complained of only amounted to a trespass to their persons . The count does not show such a pos- session in the plaintiff , as authorizes him to maintain trespass quare clausum fregit . It ought clearly to show that he had the actual or ...
... complained of only amounted to a trespass to their persons . The count does not show such a pos- session in the plaintiff , as authorizes him to maintain trespass quare clausum fregit . It ought clearly to show that he had the actual or ...
Vanlige uttrykk og setninger
Accord action of debt action of trespass aforesaid agreement alleged amount appear appellant appellee assumpsit averment avowry Blackf breach brought cause of action charge chattels Chitty circuit court cited claim common counts common law Contra contract covenant damages declaration defendant defendant's demurrer ejectment entitled error false fendant guilty hath held indebitatus assumpsit injury issue Johns judgment jury justice land laration liable libel maintain malicious Mass matter ment N. J. Law negligence non est factum opinion omitted overruled party payment performed person plain plaintiff plaintiff in error pleaded possession promise proof prove question Railroad received recover recovery replevin rule second count semble Smith special plea Statement of facts statute statute of limitations sufficient suit Supreme Court sustained tenant term thereof tiff tion tort trial trover verdict Wend words writ
Populære avsnitt
Side 208 - From the variety of cases relative to judgments being given in evidence in civil suits, these two deductions seem to follow as generally true: first, that the judgment of a court of concurrent jurisdiction, directly upon the point, is as a plea, a bar, or as evidence, conclusive, between the same parties, upon the same matter, directly in question in another court...
Side 9 - Alexander now moved for a rule to shew cause why a new trial should not be had, on the ground of misdirection.
Side 384 - Whereby, and by reason of the non-payment thereof, an action hath accrued to the said plaintiff to demand and have of and from the said defendant the said sum of £500, above demanded. Yet the said defendant, although often requested...
Side 116 - ... so that they may be understood by the party who is to answer them, by the jury who are to ascertain the truth of the allegations, and by the court who are to give judgment.
Side 98 - ... that by and through the carelessness, negligence, and improper conduct of the said defendant by its agents and servants, the engine and train so being propelled and driven as aforesaid ran against plaintiff with great force and violence," knocking him down and injuring him as before stated.
Side 342 - ... most matters in discharge of the action, which show that at the time of the commencement of the suit the plaintiff had no subsisting cause of action, may be taken advantage of.
Side 266 - It is further mutually agreed between the parties hereto that no certificate given or payment made under this contract, except the final certificate or final payment, shall be conclusive evidence of the performance of this contract, either wholly or in part, and that no [>:iyment shall be construed to be an acceptance of defective work or improper materials.
Side 366 - ... defendant was convicted, as by the record and proceedings thereof, remaining in the said court of our said lord the king...
Side 33 - The sale must be made upon the like notice and in like manner as a sale of property by virtue of an execution issued by a justice- of the peace...
Side 390 - America, for the payment of which well and truly to be made, we bind ourselves, our heirs, executors and administrators, jointly and severally, firmly by these presents.