Reports of Cases Argued and Determined in the Courts of Exchequer and Exchequer Chamber, at Law, in Equity, and in Error: From Hilary Term, 4 and 5 Geo. IV. to Michaelmas Term, 5 Geo. IV. Both Inclusive. [1824] With Tables of the Cases and Principal MattersS. Sweet, 1825 - 744 pages |
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Page 3
... affidavit of these facts by the defendant and his solicitor , calling on the plaintiff to shew cause why the defendant should not be discharged out of custody as to this action , on entering a common appearance ; and why the proceedings ...
... affidavit of these facts by the defendant and his solicitor , calling on the plaintiff to shew cause why the defendant should not be discharged out of custody as to this action , on entering a common appearance ; and why the proceedings ...
Page 10
... affidavit by ORIGINAL bill for an account of small and certain other the solicitor of the Defendant , in an original suit , stating that " he ex- pects , and veri- ly believes , that the answer to tithes and Easter offerings was filed ...
... affidavit by ORIGINAL bill for an account of small and certain other the solicitor of the Defendant , in an original suit , stating that " he ex- pects , and veri- ly believes , that the answer to tithes and Easter offerings was filed ...
Page 11
... affidavit , ac- counting satisfactorily for the reasons of the delay in filing the cross bill ; which this affidavit did not , being exceed- ingly loose and unsatisfactory . 2d . That in such cases , the course of practice requires an ...
... affidavit , ac- counting satisfactorily for the reasons of the delay in filing the cross bill ; which this affidavit did not , being exceed- ingly loose and unsatisfactory . 2d . That in such cases , the course of practice requires an ...
Page 12
... affidavit in support of the rule , enumerated the following produced before items and particulars , as establishing the first ground . the master ; and without costs- it not being alleged that the two former sums were al- Plaintiff's ...
... affidavit in support of the rule , enumerated the following produced before items and particulars , as establishing the first ground . the master ; and without costs- it not being alleged that the two former sums were al- Plaintiff's ...
Page 13
... it twice over . Campbell now shewed cause , upon affidavits , which stated that after the agreement of reference , briefs were 1824 . UTTING v . EVANS . 1824 . UTTING v . EVANS . prepared in the HILARY TERM , 4 & 5 GEO . IV . 13.
... it twice over . Campbell now shewed cause , upon affidavits , which stated that after the agreement of reference , briefs were 1824 . UTTING v . EVANS . 1824 . UTTING v . EVANS . prepared in the HILARY TERM , 4 & 5 GEO . IV . 13.
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Common terms and phrases
act of parliament action affidavit aforesaid alleged annuity answer appears application appointment Ash Mill assigns ATTORNEY auction duty bail bankrupt bill bond breach BROWNHILL charged claim clause Clerk costs Court Court of Equity covenant Crown debt declaration decree deed defendant defendant's demurrer discharged duty election entitled Equity evidence Exchequer Exchequer of Pleas execution executors fendant filed GARROW granted ground heirs Holwell HULLOCK interest issue John Sanger judgment jury lands lease leasehold estate legacy liable Lord Chief Baron LUCTON Master ment messuage modus moduses mortgagee motion nisi notice objection officer opinion paid party payment person plaintiff plea pleaded possession premises proceeding purchaser Pymble question received rector refused rents and profits respect rule Sanger scire facias shew cause statute suit tenant term testator thereof tion tithes trust Tucker verdict vicar Vide witnesses writ
Popular passages
Page 282 - ... to the use of His Majesty, his heirs and successors, and the other moiety to the use of the person who shall inform or sue for the same...
Page 143 - A rule having been obtained calling on the plaintiff to shew cause why the verdict should not be set aside, and a new trial had...
Page 434 - To the use of the said CD and his assigns for and during the term of his natural life without impeachment...
Page 32 - ... or upon any agreement that is not to be performed within the space of one year from the making thereof; 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...
Page 227 - Deed, instrument, or writing, whereby any lands, tenements, or other realty sold shall be granted, assigned, transferred, or otherwise conveyed to, or vested in, the purchaser or purchasers, or any other person or persons, by his, her, or their direction...
Page 229 - ... arrears shall exceed one year's rent, then the said party, at whose suit such execution is sued out, paying the said landlord or his bailiff one year's rent, may proceed to execute his judgment, as he might have done before the making of this act, and the sheriff or other officer is hereby empowered and required to levy and pay to the plaintiff, as well the money so paid for rent, as the execution money.
Page 597 - ... for money had and received. The approved and usual form for this count is very simple, consisting simply in stating that the defendant is indebted to the plaintiff in a certain sum "for money had and received by the defendant to and for the use of plaintiff.
Page 199 - that where there are mutual debts between the plaintiff and defendant, or if either party sue or be sued as executor or administrator, where there are mutual debts between the testator or intestate and either party, one debt may be set against the other...
Page 621 - And be it enacted that upon all annuities, yearly interest of money, or other annual payments, whether such payments shall be payable within or out of Great Britain, either as a charge on any property of the person paying the same by virtue of any deed or will or otherwise, or as a reservation thereout, or as a personal debt or obligation by virtue of any contract...
Page 564 - Serjt., now moved for a rule to shew cause why the verdict should not be set aside, and a new trial granted, on the ground of misdirection.