Reports of Cases Argued and Determined in the Court of Common Pleas: With Table of the Names of Cases and Digest of the Principal Matters, Volume 1Henry Butterworth, 1836 |
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Page 3
... entered into , between the testator and the defendants , and if they made inquiries and found that there was no contract , they must have known that they were bound to produce evidence to support a count on a quantum meruit . But at the ...
... entered into , between the testator and the defendants , and if they made inquiries and found that there was no contract , they must have known that they were bound to produce evidence to support a count on a quantum meruit . But at the ...
Page 7
... entered up against them of record for the said sum of 16,000l . , together with costs of suit , which said warrant of attorney was and is subject to a certain defeasance thereunder written ; which said defeasance , after reciting the ...
... entered up against them of record for the said sum of 16,000l . , together with costs of suit , which said warrant of attorney was and is subject to a certain defeasance thereunder written ; which said defeasance , after reciting the ...
Page 8
... entered up against them by virtue of the said warrant of attorney , is as follows : -that no execution should be issued upon the said judgment , so to be entered up by virtue of the above - mentioned warrant of attorney , until default ...
... entered up against them by virtue of the said warrant of attorney , is as follows : -that no execution should be issued upon the said judgment , so to be entered up by virtue of the above - mentioned warrant of attorney , until default ...
Page 12
... entered into by the defendant was founded on an illegal consideration . In Longridge v . Dorvill ( q ) , it was held that the giving up of a suit instituted to try a question respecting which the law was doubtful , is a good ...
... entered into by the defendant was founded on an illegal consideration . In Longridge v . Dorvill ( q ) , it was held that the giving up of a suit instituted to try a question respecting which the law was doubtful , is a good ...
Page 13
... entered into between the plaintiff and the defendant is bad in law ; but it appears to me , looking at the statement in the declaration , and hearing the arguments at the bar , that such is not the case . The state of the case is as ...
... entered into between the plaintiff and the defendant is bad in law ; but it appears to me , looking at the statement in the declaration , and hearing the arguments at the bar , that such is not the case . The state of the case is as ...
Common terms and phrases
action affidavit aforesaid agreement alleged amount annuity appears apply appointed assignment assumpsit attorney authority bankrupt bankruptcy bill of exchange Bing brought charter-party claim contract copyhold costs Court covenant creditors damages debt decease declaration deed defendant defendant's delivered demurrer devise entitled evidence execution executors fendant Frances Brooke freight GASELEE given granted ground heir held HUNGERFORD MARKET indorsed insolvent intention Interpleader issue judgment jury land lease leasehold leasehold estates lessor liable Lord Lord Ellenborough Lowndes manor ment mentioned nonsuit notice objection obtained a rule opinion paid parties payable payment Pearce person Philip Keys plaintiff plea pleaded possession premises promissory note proved question received recover rent replication rule nisi Serjt sheriff shew cause ship Stat Statute sufficient taken tenant term testator testator's thereof TINDAL tion trial trover trustees Upper Horton verdict words writ writ of right
Popular passages
Page 411 - ... in such possession or receipt, then such right " shall be deemed to have first accrued at the time of such death : " And when the person claiming such land or rent, shall claim in " respect of an estate or interest in possession...
Page 64 - Action after Issue joined, or if, upon Demurrer or otherwise, Judgment shall be given against the Plaintiff, the Defendant shall recover This Act not to extend to Scotland or Ireland, except in Two Cases.
Page 296 - I hereby appoint sole executrix of this my last will and testament ; hereby revoking all former wills by me made.
Page 411 - December one thousand eight hundred and thirty-three no arrears of rent or of interest in respect of any sum of money charged upon or payable out of any land or rent, or in respect of any legacy, or any damages in respect of such arrears of rent or interest, shall be recovered by any distress, action, or suit, Î" Section 40 is rep., from and after 1st January 1879, 37 & 38 Viet. c. 57. в. 9.J but within six years next after the same respectively shall have become due...
Page 426 - ... (the act of God, the Queen's enemies, fire, and all and every other dangers and accidents of the seas, rivers, and navigation of whatever nature and kind soever excepted) unto or to assigns freight for the said goods with primage and average accustomed.
Page 332 - ... all other perils, losses, and misfortunes that have or shall come to the hurt, detriment, or damage of the said goods and merchandises and ship, &c., or any part thereof...
Page 216 - 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.
Page 411 - ... the right to make such entry or distress, or to bring such action, shall have first accrued to the person making or bringing the same.
Page 191 - ... and thereupon to exercise, for the adjustment of such claims and the relief and protection of the sheriff or other officer, all or any of the powers and authorities herein-before contained, and make such rules and decisions as shall appear to be j ust, according to the circumstances of the case; and the costs of all such proceedings shall be in the discretion of the court.
Page 285 - ... and in any such action the defendant may plead the general issue, and give this Act and the special matter in evidence at any trial to be had thereupon...