Practice of the Superior Courts of Law, in Personal Actions, and Ejectment, Etc., So Far as it is Altered, Or Affected by the Late Statutes for the Amendment of the Law, Etc. and the Rules of Court, and Decisions Thereon ; Arranged in the Order of the Ninth Edition of Tidd's Practice ; with an Appendix of Statutes, Rules of Court, and Practical Forms ; and a Copious Analytical Index
Saunders and Benning, 1833 - 331 sider
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according action affidavit aforesaid allowed amendment Ante appearance Append application arrest attorney authority bail bill Bing Blac bring brought cause Chap Chit claim commenced Common Pleas contained copy costs court custody damages debt deemed defendant directed distringas Dowl entered entitled entry examination Exchequer execution facias fieri facias further enacted given granted indorsed interest issued judge judgment King's Bench land late limited lord manner matter ment mentioned Moore notice officer original otherwise party passed payment period person plaintiff plead possession prison proceed proceedings prohibition Provided reason record recover rent respect rule rule or order served sheriff signed stat statute sued suit taken tenant term thereof thereto Tidd Prac tion trial unless vacation verdict Westminster witnesses writ writ of capias writ of summons
Side 20 - ... 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 33 - ... unless in the meantime some part of the principal money, or some interest thereon, shall have been paid, or some acknowledgment of the right thereto shall have been given in writing, signed by the person by whom the same shall be payable, or his agent, to the person entitled thereto, or his agent...
Side 239 - ... were payable, if such debts or sums be payable by virtue of some written instrument at a certain time, or if payable otherwise then from the time when demand of payment shall have been made in writing, so as such demand shall give notice to the debtor that interest will be claimed from the date of such demand until the time of payment ; provided that interest shall be payable in all cases in which it is now payable by law.
Side 21 - Parliament assembled, and by the authority of the same, that the words and expressions hereinafter mentioned, which in their ordinary signification have a more confined or a different meaning, shall in this Act, except where the nature of the provision or the context of the Act shall exclude such construction, be interpreted as follows ; (that is to say), the word
Side 77 - ... writ shall be available to prevent the operation of any statute whereby the time for the commencement of the action may be limited...
Side 339 - ... were respectively written, signed, or executed as they purport respectively to have been ; that such as are specified as copies are true copies ; and such documents as are stated to have been served, sent, or delivered, were so served, sent, or delivered respectively ; saving all just exceptions to the admissihility of all such documents as evidence in this cause.
Side 22 - ... interest in possession, granted, appointed, or otherwise assured by any instrument (other than a will) to him, or some person through whom he claims, by a person being, in respect of the same estate or interest, in the possession or receipt of the profits of the land, or in the receipt of the rent...
Side 39 - ... land or rent shall be claimed, and six years after a third person shall have been appointed thereto, if the times of such two incumbencies and...
Side 31 - In every case of a concealed fraud the right of any person to bring a suit in equity for the recovery of any land or rent of which he or any person through whom he claims, may have been deprived by such fraud, shall be deemed to have first accrued at, and not before, the time at which such fraud shall, or with reasonable diligence might have been first known or discovered...