Forms of Practice; Or, American Precedents in Personal and Real Actions, Interspersed with Annotations

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Masters, Smith & Company, 1851 - 664 sider

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Of foreign attachments
90
Notes on the Action
95
Against bailiff for goods to merchandise with
101
For not delivering all the hops which defendant raised that
107
GENERAL ASSUMPSIT
124
The money counts joined
127
Quantum meruit
135
Quantum meruit by a tailor for labor and wares found
142
For salvage of an anchor and cable c
148
Money had and received
152
For not delivering ten hhds of sugar to the plaintiff to be deliv
153
On a contract of sale of timber c
154
For not delivering barley to the plaintiff earnest being paid
160
For not selling and delivering tallow upon importation pursuant
167
For not delivering residue of certain heifers to be delivered
174
ON NOTES PAYABLE IN SPECIFIC ARTICLES VARIOUS MEMORANDA
180
Indorsee of bill of lading v Master for not delivering goods
187
Administrator of legatee v Devisee for a legacy
188
On note payable on demand
195
On a note indorsed for residue after payment of part
201
Acceptor on an order accepted 204
204
Averment to excuse want of presentment for acceptance
210
Acceptor on a foreign bill
218
For an average loss by perils of the seas special statement
224
By capture of enemies
228
FOR GENERAL AVERAGE
234
For not indemnifying a surety in a bond given for a sum
240
For not returning a note delivered into the hands of defend
247
For suffering skins to be negligently destroyed by fire 5 counts
249
For not accepting hops and paying for the same to be deliv
255
For not taking away beans sold to be delivered on request
261
Against a water carrier for negligently carrying goods where
267
For not rendering an account of goods delivered to be sold
269
Master for not delivering cargo to consignee c
275
On memorandum in writing of an agreement to transport goods
282
For a breach of promise of marriage brought by a woman
288
For money paid by plaintiff to discharge defendants debt
294
On a special promise that defendant would not appeal from
296
For money due on a settlement by Judge of Probate of
302
For not paying rent for lodgings for the whole time agreed on
308
Against agent for not making insurance
314
Another
320
For freight
321
Against an innholder for suffering plaintiffs horse to stray
327
For deceit in warranty the whole consideration being paid
333
For supplies furnished to a pauper in assumpsit or in debt
343
For serving as school master with a quantum meruit
354
DECLARATIONS FOR MISFEASANCE NONFEASANCE NEGLIGENCE
356
For kindling a fire in a pasture whereby plaintiffs wood
362
For shooting plaintiffs
364
Against an innholder for suffering plaintiffs horse to stray away
370
DECLARATIONS IN CASE AGAINST OFFICERS
426
Against a sheriff for a false return of execution and neglect
433
for neglect of duty of deputy in omitting to arrest plaintiffs
440
Notes
441
Against justice of the peace for releasing one apprehended
446
on a charge of felony
452
For using plaintiffs patented invention
458
85
461
For a sloop and her cargo according to a schedule annexed
467
ཀྰ ིི ༧ ༤ཎྜ
472
For drawing plans with a quantum meruit
473
DECLARATIONS ON COVENANTS IN CONVEYANCES OF LANDS
474
Against administrator on covenant in sale of estate by order
480
138
484
To repair
486
Assignee of lessee for years for not paying rent
493
On a note under seal
499
On an award where the submission was by bonds
505
Against surviving obligors in a probate bond in the name of
511
Against executors by administrator of legatee to recover
517
By a surgeon with a quantum meruit
521
Another
523
For goods delivered to a third person with a quantum meruit
528
For occupying a building as a livery stable in a part of the town
530
Qui tam for a penalty for gaming in an action of debt
532
DETINUE
538
Notes
545
defendants request with quantum meruit
546
For education of defendants daughters with quantum meruit
552
Assault and battery common form
553
By husband alone for the battery of his wife per quod c
559
For crim con with plaintiffs wife See Case 457 See also
560
Same on land in right of wife by baron and feme
566
185
572
For chasing sheep with dogs c
574
For nailing boards before the plaintiffs windows
581
On the seizin of an ancestor
587
For labor done and materials found
591
Another count in formedon in descender
593
Count in formedon in reverter
598
ON DISSEIZINS
607
Ad communem legem
613
By proprietors upon their own seizin
619
For lands disseized Feoffce v Disseizor
622
Mortgagor
628
Count in Dower unde nihil habet under the statute
636
Libel for divorce for adultery
643
Summons and severance
649
SCIRE FACIAS
655
By guardian of minors
661

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Side 525 - And the said records and judicial proceedings, authenticated as aforesaid, shall have such faith and credit given to them in every court within the United States as they have by law or usage in the courts of the State from whence the said records are or shall be taken.
Side 485 - ... thence next ensuing : and fully to be complete and ended...
Side 125 - The declaration also contains a count for money paid by the plaintiff for the use of the defendant, and a count for money had and received by the defendant to the use of the plaintiff.
Side 458 - March one thousand eight hundred and thirty-one, the full and exclusive right and liberty of making, constructing, using and vending to others to be used...
Side 525 - that the judgment of a state court should have the same credit, validity, and effect in every other court in the United States, which it had in the State where it was pronounced, and that whatever pleas would be good to a suit thereon in such State, and none others, could be pleaded in any other court of the United States.
Side 230 - ... until the same be there discharged and safely landed. And it shall be lawful for the said ship, &c, in this voyage, to proceed and sail to and touch and stay at any ports or places whatsoever without prejudice to this insurance.
Side 470 - ... aforesaid, casually lost the said * * * goods and chattels, out of his possession ; and the same afterwards, to wit, on the day and year first aforesaid, at, &c.
Side 114 - ... assumpsit for money had and received by the defendant to the plaintiff's use...
Side 203 - October last being indebted to the plaintiff in the sum of twenty one pounds eighteen shillings lawful money according to the account annexed in consideration thereof then and there promised the plaintiff to pay him...
Side 225 - Be it known that as well in own name as for and in the name and names of all and every other person or persons to whom the same doth, may, or shall appertain, in part or in all...

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