An Abridgment of the Law of Nisi Prius ...W. Clarke and Sons, 1812 - 1250 sider |
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Side 8
... recover against the defendant so much as he , the defendant , is found in arrear ( 12 ) . A writ of error lies upon this last judgment only ; but , although it be found erroneous , and reversed , the first judgment shall stand in force ...
... recover against the defendant so much as he , the defendant , is found in arrear ( 12 ) . A writ of error lies upon this last judgment only ; but , although it be found erroneous , and reversed , the first judgment shall stand in force ...
Side 33
... recover it . Justifications by Officers executing Process . - In like man- ner a sheriff's officer cannot justify any act more than lay- ing his hand on another for the purpose of executing legal 1 Skevill v . Avery , Cro . Car . 135 ...
... recover it . Justifications by Officers executing Process . - In like man- ner a sheriff's officer cannot justify any act more than lay- ing his hand on another for the purpose of executing legal 1 Skevill v . Avery , Cro . Car . 135 ...
Side 39
... recover more costs than " the damages so found shall amount unto . " 66 Upon this statute , which does not extend to ... recovered less than forty shillings , although q Sheldon v.Ludgate , C.B.T. 3 Geo , 1. u Milbourne v . Reade , 3 ...
... recover more costs than " the damages so found shall amount unto . " 66 Upon this statute , which does not extend to ... recovered less than forty shillings , although q Sheldon v.Ludgate , C.B.T. 3 Geo , 1. u Milbourne v . Reade , 3 ...
Side 41
... recover full costs ; it remains only to mention the 43d Eliz . c . 6. s . 2. which empowers judges in all personal actions , not therein excepted , to deprive plain- tiffs , by means of a certificate , which may be granted under certain ...
... recover full costs ; it remains only to mention the 43d Eliz . c . 6. s . 2. which empowers judges in all personal actions , not therein excepted , to deprive plain- tiffs , by means of a certificate , which may be granted under certain ...
Side 47
... recover that must have been in the detinet ; but by the agreement on the part of the plaintiff to take a less sum , and the promise by the defendant to pay that sum , it became the proper debt of the plaintiff , and the action for it ...
... recover that must have been in the detinet ; but by the agreement on the part of the plaintiff to take a less sum , and the promise by the defendant to pay that sum , it became the proper debt of the plaintiff , and the action for it ...
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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...