Cases in the Court of Common Pleas and Exchequer Chamber [1834-1840].

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Side 429 - Signed, sealed, published and Declared by the said Testator as and for his last Will and Testament in the Presence of us who in his presence and at his request and in the presence of each other have subscribed our names as Witnesses thereto.
Side 361 - The plaintiff, after the delivery of a plea of payment of money into court, shall be at liberty to reply to the same, by accepting the sum so paid into court in full satisfaction and discharge of the cause of action in respect of which it has been paid in, and he shall be at liberty in that case to tax his costs of suit, and in case of nonpayment thereof within forty-eight hours to sign judgment for his costs of suit so taxed ; or the plaintiff may reply, " that he has sustained " damages [or that...
Side 562 - And the said covenantor doth hereby, for himself, his heirs, executors, and. administrators, covenant, promise, and agree with and to the said covenantee, his heirs and assigns, in manner following ; (that is to say,) 2.
Side 278 - In every species of assumpsit, all matters in confession and avoidance, including not only those by way of discharge, but those which show the transaction to be either void or voidable in point of law, on the ground of fraud or otherwise, shall be specially pleaded.
Side 357 - ... named by him, and attending at his request, to inform him of the nature and effect of such warrant or cognovit, before the same is executed ; which attorney shall subscribe his name as a witness to the due execution thereof, and thereby declare himself to be attorney for the person executing the same, and state that he subscribes as such attorney.
Side 164 - Knight, contrary to the form of the statute in such case made and provided, whereby and by force of the said statute the defendant forfeited for his said offence the sum of 5001., and an action hath accrued to the plaintiff to demand and have of and from the defendant the said sum of 500/. : yet the defendant hath not paid the said sum above demanded...
Side 598 - ... from, or under him, to be for ever barred from prosecuting his claim against the original defendant, his executors or administrators ; saving nevertheless the right or claim of such third party against the plaintiff ; and thereupon to make such order between such defendant and the plaintiff, as to costs and other matters, as may appear just and reasonable.
Side 522 - Doe and his assigns, from the day of in the year aforesaid, for and during and unto the full end and term of years from thence next ensuing, and fully to be complete and ended.
Side 479 - ... premises hereby conveyed, or intended so to be, with their and every of their appurtenances, and...
Side 282 - In an action of indebitatus assumpsit for goods sold and delivered, the plea of non assumpsit will operate as a denial of the sale and delivery in point of fact ; in the like action for money had and received, it will operate as a denial both of the receipt of the money, and the existence of those facts which make such receipt by the defendant a receipt to the use of the plaintiff.

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