Reports of Cases Argued and Adjudged in the Court of King's Bench: During the Time Lord Mansfield Presided in that Court; from Michaelmas Term, 30 Geo. II. 1756, to Easter Term, 12 Geo. III. 1772, Volume 5W. Clarke, 1812 |
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Page 2586
... writ of latitat directed to the Sheriff of Cornwall ; and so proceeded , and set out the writ , the delivery of it to the Sheriff , the warrant , the arrest , the giving the bail- bond by the defendants , and the assignment of it to the ...
... writ of latitat directed to the Sheriff of Cornwall ; and so proceeded , and set out the writ , the delivery of it to the Sheriff , the warrant , the arrest , the giving the bail- bond by the defendants , and the assignment of it to the ...
Page 2587
... writ may be sued out in vacation ; though it must bear teste within the term . In the case of Johnson and another , Assignees v . Smith , widow , a latitat issued in vacation and it was vol . 2. p . 950 . holden that the teste of a ...
... writ may be sued out in vacation ; though it must bear teste within the term . In the case of Johnson and another , Assignees v . Smith , widow , a latitat issued in vacation and it was vol . 2. p . 950 . holden that the teste of a ...
Page 2588
... writ : it is the stile of the Court . It does not import that the Court was ac- tually then sitting at Westminster . Mr. Justice WILLES observed that this comes on now upon a sham dilatory plea , whereas the case cited was upon a ...
... writ : it is the stile of the Court . It does not import that the Court was ac- tually then sitting at Westminster . Mr. Justice WILLES observed that this comes on now upon a sham dilatory plea , whereas the case cited was upon a ...
Page 2636
... writ was grounded . ' and prove a copy of the judgment . " " The case stated , for the opinion of the Court , was in the following words- John Martyn , plaintiff , against John Podger , Samuel Sherland , and Edward Manley , defendants ...
... writ was grounded . ' and prove a copy of the judgment . " " The case stated , for the opinion of the Court , was in the following words- John Martyn , plaintiff , against John Podger , Samuel Sherland , and Edward Manley , defendants ...
Page 2637
... writ : and the said Edward Man- ley , taking to his assistance the other two defendants , did , by virtue of the said writ and warrant , seize and take in execution the goods and chattels mentioned in the said de- claration , as and for ...
... writ : and the said Edward Man- ley , taking to his assistance the other two defendants , did , by virtue of the said writ and warrant , seize and take in execution the goods and chattels mentioned in the said de- claration , as and for ...
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Common terms and phrases
2dly 3dly 4thly act of parliament action admitted affidavit aforesaid afterwards alledged appears Archdale assigns assumpsit attorney bail bankrupt Bigby bill brought bye-law certiorari charged college or commonalty common copyhold corporation costs court Court-Leet custody debt declaration deed defendant delivered devised discharged Durn ejectment election Eliz ex dimiss executor faculty of physic granted habeas corpus heirs male holden ibid indictment infra Inhabitants insured intention intitled issue John John Fothergill John Palmer John Taylor judge judgment jury justice of peace king King's land latitat lease liable London Lord MANSFIELD mandamus mayor ment notice offence opinion paid Palmer parish person plaintiff plea pleaded possession premisses quashed quo warranto Rudsdell rule scire facias Serjeant sheriff shew cause ship statute sufficient supra surrender tenant term testator testator's thereof Thomas tion trial trover verdict Wanlip widow wife William words
Popular passages
Page 2677 - CD, of the city aforesaid, merchant, my true and lawful attorney, for me, and in my name, and for my use to ask, demand, sue for...
Page 2803 - The counsel for the defendant moved for a rule to shew cause, why there should not be a new trial, and...
Page 9 - The fourth section of the statute of frauds (a) enacts, that 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 miscarriages, of another person...
Page 2705 - Rhodes, for and during the term of her natural life, and from and after her decease, to the...
Page ix - In one word, the gist of this kind of action is, that the defendant, upon the circumstances of the case, is obliged by the ties of natural justice and equity to refund the money'.
Page 2744 - ... that no person within the city of London, nor within seven miles of the same, take upon him to exercise or occupy as a physician or surgeon, except he be first examined, approved, and admitted by the bishop of London, or by the dean of St. Paul's for the time being, calling to him or them, four doctors of physic, and for surgery, other expert persons in that faculty...
Page 2681 - not guilty :" and the plaintiffs obtained a verdict. The defendant's counsel (Mr. Serjeant Davy, Mr. Serjeant Burland, and Mr. Hotchkins,) moved for a new trial; objecting that the action ought to have been brought in the name of the...
Page xix - ... of the same December, came into the hands and possession of the plaintiff, for a full and valuable consideration, and in the usual course and way of his business, and without any notice or knowledge of this bank-note being taken out of the mail.