Cases Argued and Determined in the Court of Common Pleas: With Tables of the Names of the Cases Argued and Cited, and of the Principal Matters. [1840-1844], Volume 1Saunders and Benning, 1841 |
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Page 47
... count of the declar- ation . Green v . Davies ( b ) is an authority to shew , that if an admission of a debt cannot be brought within the count on an account stated , it cannot be used at all . [ Erskine J. Was not the fact of its being ...
... count of the declar- ation . Green v . Davies ( b ) is an authority to shew , that if an admission of a debt cannot be brought within the count on an account stated , it cannot be used at all . [ Erskine J. Was not the fact of its being ...
Page 54
... counts ; the first for 400l . for work and labour done by the plaintiff as an attorney and so- licitor for the defendant , and for fees ; the second for the same sum for money paid by the plaintiff for the use of the defendant ; and the ...
... counts ; the first for 400l . for work and labour done by the plaintiff as an attorney and so- licitor for the defendant , and for fees ; the second for the same sum for money paid by the plaintiff for the use of the defendant ; and the ...
Page 69
... counts for money paid , and on an account stated , and as it is not specifically pointed out that those items fall within the first count , we are not bound to make any inference against the plaintiff , but may pass them over as charges ...
... counts for money paid , and on an account stated , and as it is not specifically pointed out that those items fall within the first count , we are not bound to make any inference against the plaintiff , but may pass them over as charges ...
Page 74
... counts under which those items may be recovered , we cannot infer that they were for business done as an attorney . It is unnecessary , therefore , to consider the decisions , in which it is said that the Courts have disclaimed any ...
... counts under which those items may be recovered , we cannot infer that they were for business done as an attorney . It is unnecessary , therefore , to consider the decisions , in which it is said that the Courts have disclaimed any ...
Page 75
... counts are not within the statute , cannot be supported , since the case of Williams v . Griffiths ( a ) , recognised in this Court in Mills v . Fowkes . ( b ) Those cases seem to me to establish the right principle , that the 9 G. 4. c ...
... counts are not within the statute , cannot be supported , since the case of Williams v . Griffiths ( a ) , recognised in this Court in Mills v . Fowkes . ( b ) Those cases seem to me to establish the right principle , that the 9 G. 4. c ...
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Common terms and phrases
admission admitted affidavit agreement alleged amount appears assignment assumpsit attorney behalf bill borough BOSANQUET breach Bruce canonry cause of action certificate city aforesaid contract costs court Court of Chancery covenant custom damages debt declaration deed defendant defendant's delivered demise demurrer entered entitled error Erskine evidence execution fendant foreign attachment Grand SURREY Canal granted held Hilary term Howell Inman inrolled intended interest issue James John Inman joinder judgment jurisdiction jury justices learned judge lease lessors Lord matter Maule ment mentioned nonsuit notice objection officer paid party payment person plaintiff plaintiff in error plea pleaded possession proceedings promise question recover rent replevin replication respect Serjt sheriff shewed cause shewn statute sufficient summons Suprà tenant term testator thereof Tindal C. J. tion trespass trial verdict Vide W. K. Wait warrant William Baylis Williams Wilton words writ
Popular passages
Page 557 - In all cases in which any particular number of days, not expressed to be clear days, is prescribed by the rules or practice of the courts, the same shall be reckoned exclusively of the first day, and inclusively of the last day...
Page 572 - A party is not to cast himself upon an obstruction which has been made by the fault of another, and avail himself of it, if he do not himself use common and ordinary caution to be in the right.
Page 773 - That no contract for the sale of any goods, wares and merchandise, for the price of ten pounds sterling or upwards, shall be allowed to be good, except the buyer shall accept part of the goods so sold, and actually receive the same...
Page 785 - Abode, by the Party or Parties intending to bring such Action, or by his, her or their Attorney or Agent, in Writing, signed by the Party demanding the same, of the Perusal and Copy of such Warrant, and the same hath been refused or neglected for the Space of six Days after such Demand...
Page 684 - ... made by deed indented, sealed and delivered in the presence of two or more credible witnesses, twelve calendar months at least before the death of the donor or grantor (including the days of execution and death), and be inrolled in his Majesty's High Court of Chancery within six calendar months next after the execution thereof...
Page 169 - EF did not nor would faithfully serve the said plaintiff according to the tenor and effect, true intent and meaning of the said indenture; but on the contrary, thereof, he the said EF during the said term, to wit, on, &c.
Page 600 - ... notice in writing of such appeal, and of the cause and matter thereof, within three days after such conviction, and seven clear days at the least before such sessions, and shall also either remain in custody until the sessions, or shall enter into a recognizance, with two sufficient sureties...
Page 667 - E. 2, st. 1, c. 7 (or 8) (1381) is, 'the king defendeth that none from henceforth make any entry into any lands and tenements but in case where entry is given by the law; and in such case not with strong hand nor with multitude of people but only in [peaceable] and easy manner. And if any man from henceforth do to the contrary and thereof be duly convict he shall be punished by imprisonment of his body and thereof ransomed at the king's will * (1 Statutes Eevised).
Page 369 - February, 1827, and made between the plaintiffs of the one part, and the defendants of the other part, the plaintiffs agreed to sell, and the defendants...
Page 365 - Agreement, or any memorandum, of an agreement, made in England or Ireland under hand only, or made in Scotland without any clause of registration, and not otherwise specifically charged with any duty, whether the same be only evidence of a contract, or obligatory upon the parties from its being a written instrument, . . . .£006 Exemptions.