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Cases on Procedure, Annotated: Common Law Pleading
Edson R 1874-1959 Sunderland
Ingen forhåndsvisning tilgjengelig - 2015
action of assumpsit action of debt action of trespass admitted aforesaid alleged averment bill breach brought cause of action chattels Chitty claim common counts common law contract count covenant damages declaration deed defendant defendant's delivered the opinion demand detinue duty ejectment entitled error estoppel evidence fact fendant filed form of action ground held implied indebitatus assumpsit injury issue Johns joinder judgment jury justice land liability Lord Lord Mansfield maintain matter ment misjoinder negligence objection overruled party payment performed person PIeading PIeas plain plaintiff plaintiff in error plea in abatement possession principle promise promissory note proof prove quantum meruit question reason recover recovery remedy replevin replication rule says seal special demurrer special plea statute sufficient suit Supreme Court sustained term thereof tiel tiff tion tort traverse trial trover verdict writ
Side 557 - That no purchase, grant, lease, or other conveyance of lands, or of any title or claim thereto, from any Indian nation or tribe of Indians, shall be of any validity in law or equity, unless the same be made by treaty or convention entered into pursuant to the constitution.
Side 558 - ... and every such ship or vessel, with her tackle, apparel, and furniture, together with all materials, arms, ammunition and stores, which may have been procured for the building and equipment thereof, shall be forfeited, one half to the use of the informer, and the other half to the use of the United States.
Side 443 - ... 1. By reason of any defect in the condition of the ways, works, machinery, or plant, connected with or used in the business of the employer which arose from or had not been discovered or remedied owing to the negligence of the employer or of any person in the service of the employer and intrusted by him with the duty of seeing that the ways, works, machinery, or plant, were in proper condition; 2.
Side 435 - The Defendant falsely and maliciously spoke and published of and concerning the Plaintiff the words following ; "AB is a thief, and stole Mr.
Side 756 - For and in consideration of the sum of one dollar, the receipt whereof is hereby acknowledged, we have this day purchased from John W.
Side 738 - that where one person makes a promise to another for the benefit of a third person, that third person may maintain an action upon it.
Side 118 - AB hath always, from the time of making the said indenture, hitherto well and truly performed, fulfilled and kept, according to the tenor and effect, true intent and meaning of the said indenture, to wit, at, etc.
Side 117 - ... on the 25th day of March, the 24th day of June, the 29th day of September, and the 25th day of December, in each and every year, by even and equal portions.
Side 90 - Hilary term, in His Majesty's Court of King's Bench at Westminster, by some attorney of that Court ; and then and there, by a rule to be made of the same Court, to cause yourself to be made defendant in my stead ; otherwise, I shall suffer judgment to be entered against me by default, and you will be turned out of possession.
Side 29 - Qui facit per alium facit per se" renders the master liable for all the negligent acts of the servant in the course of his employment; but that liability does not make the direct act of the servant the direct act of the master. Trespass will not lie against him; case will, in effect, for employing a careless servant, but not trespass, unless, as was said by the Court in Morley v. Gainsford (2 H.Bl. 442), the act was done "by his command...