Reports of Cases Argued and Determined in the King's Bench Practice Court: With the Points of Practice Decided in the Courts of Common Pleas and Exchequer, from Mich. Term, 1830 to [Michaelmas Term, 1841] ..S. Sweet, 1842 |
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Side 15
... respect of it , but that is not the question here , and I think that this action is not maintainable . MAULE , J. — I am also of opinion that assumpsit will not lie in this case , but I think that covenant would be the proper remedy ...
... respect of it , but that is not the question here , and I think that this action is not maintainable . MAULE , J. — I am also of opinion that assumpsit will not lie in this case , but I think that covenant would be the proper remedy ...
Side 18
... respect of the hire of certain horses and gigs , provided to ship : Held , tiff was en- titled to a ver- that firm for the use of their travellers . The contract of dict against all hiring took place on the 29th August , 1837 , but it ...
... respect of the hire of certain horses and gigs , provided to ship : Held , tiff was en- titled to a ver- that firm for the use of their travellers . The contract of dict against all hiring took place on the 29th August , 1837 , but it ...
Side 60
... respect of such verdict any costs whatever , except in certain cases specified . The effect of the word any , was to give the judge an extended power to consider the statute ap- plicable or not , and the case not being brought to try a ...
... respect of such verdict any costs whatever , except in certain cases specified . The effect of the word any , was to give the judge an extended power to consider the statute ap- plicable or not , and the case not being brought to try a ...
Side 88
... respect to the cases , in which a judge has jurisdiction to grant a certificate does not arise here . In this instance , the certificate to be granted was , that the action was brought to try a right , besides the mere right to recover ...
... respect to the cases , in which a judge has jurisdiction to grant a certificate does not arise here . In this instance , the certificate to be granted was , that the action was brought to try a right , besides the mere right to recover ...
Side 89
... respect of the first certificate ; or that in respect of the amended certificate , the decision of the learned judge was not pronounced at the time , and under the circumstances required . The object of the original certificate is suffi ...
... respect of the first certificate ; or that in respect of the amended certificate , the decision of the learned judge was not pronounced at the time , and under the circumstances required . The object of the original certificate is suffi ...
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Reports of Cases Argued and Determined in the King's Bench Practice Court ... Great Britain. Bail Court,Alfred Septimus Dowling Uten tilgangsbegrensning - 1842 |
Reports of Cases Argued and Determined in the King's Bench Practice Court ... Great Britain. Bail Court,Alfred Septimus Dowling Uten tilgangsbegrensning - 1842 |
Vanlige uttrykk og setninger
act of Parliament action affidavit aforesaid agreement alleged allocatur amend amount appear application appointed arbitrator assignees assumpsit averred award bill of exchange brought to try Burnby capias certificate certiorari chattels commenced contended contract costs count covenant damages debt declaration deed defendant defendant's demurrer entered entitled evidence execution fact fendant given granted ground held indorsement irregularity issue judgment jury justices learned judge liable Lord Abinger mandamus matter member of Parliament ment mentioned motion non est factum nonsuit notice objection obtained oyer paid parish Parliament party PATTESON payment person plaintiff plea pleaded present rule proceedings promise Quarter Sessions question recover REGINA replication Rule absolute Rule discharged rule nisi Rule refused security for costs Serjt sheriff shew cause statute sufficient suit taxation Term thereof tiff TINDAL tion trial verdict Vict warrant of attorney writ of summons Wynne
Populære avsnitt
Side 894 - ... notice in writing of such action, and of the cause thereof, shall be given to the defendant one calendar month at least before the commencement of the action...
Side 401 - Judge, not material to the merits of the case, and by which the opposite party cannot have been prejudiced in the conduct of his action, prosecution, or defence...
Side 133 - ... every such offender shall be guilty of a misdemeanor, and being convicted thereof, shall be liable, at the discretion of the Court, to be transported beyond the seas for the term of seven years ; or to suffer such other punishment, by fine or imprisonment, or by both, as the Court shall award...
Side 894 - That all Actions and Prosecutions to be commenced against any Person for anything done in pursuance of this Act shall be laid and tried in the County where the Fact was committed, and shall be commenced within...
Side 478 - 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 ; ex.
Side 686 - Judgment, it shall be lawful for the Party or Parties so having obtained Judgment against such Public Officer for the Time being to issue Execution against any Person or Persons who was or were a Member or Members of such Corporation or Copartnership...
Side 828 - ... or at the time of executing or levying such execution or attachment, notice of any prior act of bankruptcy by him committed ; provided also that nothing herein contained shall be deemed or taken to give validity to any payment made by any bankrupt being a fraudulent preference of any creditor or creditors of such bankrupt, or to any execution founded on a ^judgment on a warrant of attorney, or cognovit given by any . bankrupt by way of such fraudulent preference [*473] H.
Side 585 - Westminster, or out of the Court of our Lady the Queen, before the barons of her Exchequer at Westminster...
Side 225 - I take the effect of repealing a statute to be, to obliterate it as completely from the records of the Parliament as if it had never passed; and it must be considered as a law that never existed, except for the purpose of those actions which were commenced, prosecuted, and concluded, whilst it was an existing law.
Side 76 - ... or on the writ of trial or writ of inquiry, that the action was really brought to try a right besides the mere right to recover damages for the trespass or grievance for which the action shall have been brought, or that the trespass or grievance in respect of which the action was brought was wilful and malicious.