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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Results 1-5 of 94
Page 10
... the motion on two grounds . 1st . That according to the strict rule of practice , on which he meant to stand , the Court could not grant a motion 10 CASES IN THE EXCHEQUER , Rule of January 23d for discharging the prisoner ...
... the motion on two grounds . 1st . That according to the strict rule of practice , on which he meant to stand , the Court could not grant a motion 10 CASES IN THE EXCHEQUER , Rule of January 23d for discharging the prisoner ...
Page 11
... practice requires an affidavit from the party himself , stating his opinion and belief , that the answer to the cross bill will contain matter material to his defence . Sclater , in reply . The defendant merely wanted time to look into ...
... practice requires an affidavit from the party himself , stating his opinion and belief , that the answer to the cross bill will contain matter material to his defence . Sclater , in reply . The defendant merely wanted time to look into ...
Page 23
... practice . There is one consideration , which it strikes me ought not to be wholly disregarded , in coming to a conclusion on this subject : it relates to the condition of the records of the Court . It is admitted , that if the motion ...
... practice . There is one consideration , which it strikes me ought not to be wholly disregarded , in coming to a conclusion on this subject : it relates to the condition of the records of the Court . It is admitted , that if the motion ...
Page 24
... practice to grant the motion ; ' that it was not stated when the new matter was first discovered . ' Here such an ob- C jection as the last cannot apply , because here the plain- tiffs have been themselves the actors , and cognizant of ...
... practice to grant the motion ; ' that it was not stated when the new matter was first discovered . ' Here such an ob- C jection as the last cannot apply , because here the plain- tiffs have been themselves the actors , and cognizant of ...
Page 44
... practice . And , it appearing that a trial had not been lost , the Court made the rule absolute , the defendant undertaking to accept a above purpose declaration , and plead instanter , and take short notice of trial for the Sittings in ...
... practice . And , it appearing that a trial had not been lost , the Court made the rule absolute , the defendant undertaking to accept a above purpose declaration , and plead instanter , and take short notice of trial for the Sittings in ...
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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.