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 94
... respect to the strictness required in an order , in contradistinction to an indictment , or a conviction , the case of Rex v . Middlehurst ( b ) was a direct authority . There , it was held that an order of sessions on the statute in ...
... respect to the strictness required in an order , in contradistinction to an indictment , or a conviction , the case of Rex v . Middlehurst ( b ) was a direct authority . There , it was held that an order of sessions on the statute in ...
Side 112
... respect to the amount of his bill . It was submit- ted that he could not . The amount of the taxation by the Master might , in general , be conclusive on the parties , as to the amount due , but could not be so regarded on the plea of ...
... respect to the amount of his bill . It was submit- ted that he could not . The amount of the taxation by the Master might , in general , be conclusive on the parties , as to the amount due , but could not be so regarded on the plea of ...
Side 113
... respect of the same fact or title . Here , Lord Ellenborough recognised the principle , that being pleaded , the verdict was an estoppel , but he did not decide , that if the plea of the defendant had been in the form of the present ...
... respect of the same fact or title . Here , Lord Ellenborough recognised the principle , that being pleaded , the verdict was an estoppel , but he did not decide , that if the plea of the defendant had been in the form of the present ...
Side 142
... respect to the fact of the witness being recalled , as that was merely for the purpose of in- quiring as to the objection with respect to the competency of the witness , it did not authorize the defendant to support the objection . He ...
... respect to the fact of the witness being recalled , as that was merely for the purpose of in- quiring as to the objection with respect to the competency of the witness , it did not authorize the defendant to support the objection . He ...
Side 155
... respect to the liability of the at- torney's administrators to the costs of taxation , the Master having taxed off more than one - sixth from the bill , they having consented to submit their claim to taxation , several cases have ...
... respect to the liability of the at- torney's administrators to the costs of taxation , the Master having taxed off more than one - sixth from the bill , they having consented to submit their claim to taxation , several cases have ...
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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.