An Abridgment of the Law of Nisi Prius ...W. Clarke and Sons, 1812 - 1250 sider |
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Side 8
... ground , that a release , and the having fully accounted , are total extinc- tions of the right of action , of which the court is to judge ; and even in these cases they must be pleaded specially , and cannot be given in evidence on ne ...
... ground , that a release , and the having fully accounted , are total extinc- tions of the right of action , of which the court is to judge ; and even in these cases they must be pleaded specially , and cannot be given in evidence on ne ...
Side 9
... ground , that this was an action on the case ; the court observing , that if it were trespass and assault , the wife must have been joined . Cooke v . Sayer , B. R. M. 32 G. 2. cited by Wood in Macfadzen v . Olivant , 6 East , 388 , 389 ...
... ground , that this was an action on the case ; the court observing , that if it were trespass and assault , the wife must have been joined . Cooke v . Sayer , B. R. M. 32 G. 2. cited by Wood in Macfadzen v . Olivant , 6 East , 388 , 389 ...
Side 10
... ground , that this was an action on the case and not trespass . Parker v . Ironfield , B. R. Hil . 19 Geo . 3. cited by Lawrence J. 6 East , 391 . The preceding authorities seemed to warrant the position , that the action for adultery ...
... ground , that this was an action on the case and not trespass . Parker v . Ironfield , B. R. Hil . 19 Geo . 3. cited by Lawrence J. 6 East , 391 . The preceding authorities seemed to warrant the position , that the action for adultery ...
Side 11
... ground of the action is removed , and the defendant will be entitled to a verdict ; for volenti non fit injuria ( 4 ) . So if the husband , after marriage , transgresses those rules of c Per de Grey , C. J. in Howard v . Bur- tonwood ...
... ground of the action is removed , and the defendant will be entitled to a verdict ; for volenti non fit injuria ( 4 ) . So if the husband , after marriage , transgresses those rules of c Per de Grey , C. J. in Howard v . Bur- tonwood ...
Side 22
... ground , inasmuch as there was a contract per verba de præsenti , which contracts were binding on the parties before the marriage act ( which statute did not affect the present case , this being a marriage beyond the seas , and con ...
... ground , inasmuch as there was a contract per verba de præsenti , which contracts were binding on the parties before the marriage act ( which statute did not affect the present case , this being a marriage beyond the seas , and con ...
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Vanlige uttrykk og setninger
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
Populære avsnitt
Side 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.
Side 239 - ... in the same manner as if the action had been brought by and in the name of the deceased.
Side 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.
Side 224 - ... if he shall have paid the debt, or any part thereof, in discharge of the whole debt...
Side 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.
Side 226 - ... petition to the Lord Chancellor, Lord Keeper or Lords Commissioners of the Great Seal...
Side 124 - ... and this he is ready to verify; wherefore he prays judgment if the plaintiff ought further to maintain his action.
Side 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.
Side 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...
Side 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...