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 2; Volume 95Henry Butterworth, 1838 |
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Common terms and phrases
action affidavit aforesaid afterwards agreement alleged amount appears application arrest assumpsit attorney authority award Bamford Bank of England barrels bill of exchange Bing BOSANQUET certificate charge charter-party commencement committee consideration contract costs Court covenant damages debt declaration mentioned defendant's discharged divers elastic election Eliz enacted entered entitled evidence fendant GASELEE Gibraltar packet ground held House illegal indian-rubber intended issue James Morrison judgment jury lease letters patent libel lien London Lord ment messuage monition notice oats objection obtained a rule opinion paid parties patent payment persons petition plaintiff plea pork possession premises proceedings queen of Portugal question Ransom recognizance recover rent returning officers Robert William Sievier Roy Kelly rule nisi Serjt shewed cause ship signed stat statute statute of Anne Statute of Frauds sufficient tenant term thereof TINDAL tion trial VAUGHAN vault or cellar verdict vessel void voyage writ Youghall
Popular passages
Page 57 - Provided always, that nothing herein contained shall alter or take away or lessen the Effect of any Payment of any Principal or Interest made by any Person whatsoever...
Page 36 - ... interpreted to permit some people to do it, and those which include every person in the letter, they have adjudged to reach to some persons only ; which expositions have always been founded upon the intent of the legislature, which they have collected sometimes by considering the cause and necessity of making the act, sometimes by comparing one part of the act with another, and sometimes by foreign circumstances.
Page 33 - ... all actions for penalties, damages, or sums of money given to the party grieved, by any statute now or hereafter to be in force...
Page 290 - Feather shall not particularly describe and ascertain the nature of the said invention, and in what manner the same is to be performed...
Page 62 - In an action of indebitatus assumpsit, for goods sold and delivered, the plea of non assumpsit will operate as a denial of the sale and delivery in point of fact ; in the like action for money had and received, it will operate as a denial both of the receipt of the money and the existence of those facts which make such receipt by the defendant a receipt to the use of the plaintiff.
Page 29 - no action shall be brought whereby to charge any executor or administrator upon any special promise to answer damages out of his own estate ; or whereby to charge the defendant upon any special promise to answer for the debt, default, or miscarriage of another person...
Page 105 - ... and if the other party shall intend to rely on any proviso, exception, incapacity, disability, contract, agreement, or other matter hereinbefore mentioned, or on any cause or matter of fact or of law not inconsistent with the simple fact of enjoyment, the same shall be specially alleged and set forth in answer to the allegation of the party claiming, and shall not be received in evidence on any general traverse or denial of such allegation.
Page 143 - Schedule as Creditors, or claiming to be Creditors for the same respectively, or for which such Persons shall have given Credit to such Prisoner before the Time of filing such Petition, and which were not then payable...
Page 170 - That the freedom of speech and debates or proceedings in parliament ought not to be impeached or questioned in any court or place out of parliament.
Page 26 - ... unless the agreement upon which such action shall be brought or some memorandum or note thereof shall be in writing, and signed by the party to be charged therewith or some other person thereunto...