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 6
... tion , under the 48 G. 3 , c . 123 , first seven days of the term next ensuing the expiration s . 1 ; notwith- standing he had of the twenty days ' notice , required by that act , he was previously been remanded , without being called ...
... tion , under the 48 G. 3 , c . 123 , first seven days of the term next ensuing the expiration s . 1 ; notwith- standing he had of the twenty days ' notice , required by that act , he was previously been remanded , without being called ...
Page 10
... tion , he may be tion of certain books of the late vicar being in the pos- costs of oppos- session of the plaintiff and his solicitor , and the filing of ing it , notwith- the cross bill , & c . ) that " he expects , and verily believes ...
... tion , he may be tion of certain books of the late vicar being in the pos- costs of oppos- session of the plaintiff and his solicitor , and the filing of ing it , notwith- the cross bill , & c . ) that " he expects , and verily believes ...
Page 29
... tion authorises the auctioneer to retain the duty out of the produce of the sale , or the deposit made , or to recover it by action of debt , or on the case , against the person or persons by whom he shall be employed . [ HULLOCK ...
... tion authorises the auctioneer to retain the duty out of the produce of the sale , or the deposit made , or to recover it by action of debt , or on the case , against the person or persons by whom he shall be employed . [ HULLOCK ...
Page 33
... tion is in contradiction to the special case , and to what is now admitted . The first is the only count which ven- tures to aver the defendant to have been a purchaser . But all the other special counts state a fact , which is directly ...
... tion is in contradiction to the special case , and to what is now admitted . The first is the only count which ven- tures to aver the defendant to have been a purchaser . But all the other special counts state a fact , which is directly ...
Page 64
... tion merely for want of parties , the plaintiff ought , in any event , to be at liberty to amend , by adding the Earl of Lonsdale , ALEXANDER , C. B. You had better have leave to amend , paying costs . The question was then raised ...
... tion merely for want of parties , the plaintiff ought , in any event , to be at liberty to amend , by adding the Earl of Lonsdale , ALEXANDER , C. B. You had better have leave to amend , paying costs . The question was then raised ...
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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.