Reports of Cases Argued and Determined in the Court of Exchequer: With a Table of the Names of Cases and a Digest of the Principal Matters : from Hilary Term, 7 W. IV. 1836 to Michaelmas Term, 1 Vict. 1837, Both InclusiveH. Butterworth and R. Pheney, 1838 - 390 sider |
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Resultat 1-5 av 86
Side 13
... writ , had made his return in the following form : “ The within named T. Simpson is not to be found in my bailiwick . " It was submitted , that the words " not to be found " meant that the defendant was not at any time to be found ...
... writ , had made his return in the following form : “ The within named T. Simpson is not to be found in my bailiwick . " It was submitted , that the words " not to be found " meant that the defendant was not at any time to be found ...
Side 14
... writ of trial was applied for . PARKE , B. - The sheriff is not within the meaning of the statute of Eliza- beth . At one time it was proposed to insert a clause in the 3 & 4 Will . 4 , c . 42 , to give the judges upon writs of trial ...
... writ of trial was applied for . PARKE , B. - The sheriff is not within the meaning of the statute of Eliza- beth . At one time it was proposed to insert a clause in the 3 & 4 Will . 4 , c . 42 , to give the judges upon writs of trial ...
Side 20
... writ of THE defendant in this case was in Horsemonger - Lane Gaol , in the captas is lodged with the sheriff in his custody on against a person a criminal charge there is no neces- custody of the sheriff on a criminal charge , which ...
... writ of THE defendant in this case was in Horsemonger - Lane Gaol , in the captas is lodged with the sheriff in his custody on against a person a criminal charge there is no neces- custody of the sheriff on a criminal charge , which ...
Side 21
... writ of capias , at the suit of the plaintiff . Lord ABINGER , C. B. - There is no necessity for an order of the Court . If a writ of capias be lodged with the sheriff , and he afterwards allows the defendant to go beyond the prison ...
... writ of capias , at the suit of the plaintiff . Lord ABINGER , C. B. - There is no necessity for an order of the Court . If a writ of capias be lodged with the sheriff , and he afterwards allows the defendant to go beyond the prison ...
Side 39
... writ of summons was in- correctly stated in the writ of trial , the Court set aside the ver dict and subse- quent proceed- Swann , on a former day , obtained a rule to set aside the verdict for several alleged irregularities ; the ...
... writ of summons was in- correctly stated in the writ of trial , the Court set aside the ver dict and subse- quent proceed- Swann , on a former day , obtained a rule to set aside the verdict for several alleged irregularities ; the ...
Vanlige uttrykk og setninger
act of parliament action affidavit aforesaid afterwards agreement ALDERSON alleged amount appeared apply assignment assumpsit attorney averred award bail bankrupt bankruptcy bill of exchange BOLLAND breach claim contended contract costs count Court court of equity covenant creditor damages dant debt declaration defendant defendant pleaded defendant's delivered demurrer duty entered entitled evidence Exchequer execution executors fact fendant given granted held Hilary Term horses indorsed insolvent intended issue James Wallis judgment jury land learned judge lease leasehold estate legacies lessor liable Lord ABINGER matter Matthew Knight ment nolle prosequi nonsuit notice obtained a rule opinion paid parish Parke party patent payable payment person plaintiff plea possession premises present promissory note proved purchase question recover refused rent replication river Calder Rule absolute sheriff shewed cause shewn sold statute sufficient tenant term testator thereof tion trial trustees verdict vessel writ
Populære avsnitt
Side 292 - And by s. 2, it is enacted, that no person shall make an entry or distress, or bring an action to recover any land or rent, but within twenty years next after the time at which the right to make such entry or distress or to bring such action shall have first accrued to some person through whom he claims...
Side 292 - December, 1833, no person shall make an entry or distress, or bring an action, to recover any land or rent, but within twenty years next after the time at which the right to make such entry or distress, or to bring such action, shall have first accrued to some person through whom he claims...
Side 206 - In actions on the case, the plea of not guilty shall operate as a denial only of the breach of duty or wrongful act alleged to have been committed by the defendant, and not of the facts stated in the inducement...
Side 25 - We do not see how a better test can be applied to the question whether reasonable or not than by considering whether the restraint is such only as to afford a fair protection to the interests of the party in favor of whom it is given, and not so large as to interfere with the interests of the public.
Side 226 - ... defectively or imperfectly stated or omitted, and without which it is not to be presumed that either the judge would direct the jury to give, or the jury would have given the verdict, such defect, imperfection, or omission is cured by the verdict...
Side 306 - In fact, to allow this sort of action to prevail would be an encouragement to the servant to omit that diligence and caution which he is in duty bound to exercise on the behalf of his master to protect him against the misconduct or negligence of others who serve him, and which diligence and caution, while they protect the master, are a much better security against any injury the servant may sustain by the negligence of others engaged under the same master, than any recourse against his master for...
Side 30 - ... 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...
Side 252 - ... to be laid out or disposed of in the purchase of any lands, tenements, or hereditaments...
Side 292 - ... shall have been in such possession or receipt then such right shall be deemed to have first accrued at the time at which the person claiming as aforesaid or the person through whom he claims became entitled to such possession or receipt by virtue of such instrument.
Side 76 - Bankrupts," it was among other things enacted, that all payments really and bond fide made by any bankrupt or by any person on his behalf, before the date and issuing of the commission against such bankrupt, to any creditor of such bankrupt, (such payment not being a fraudulent preference of such creditor), should be deemed valid, notwithstanding any prior act of bankruptcy...