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 36
... entitled to take advantage of this defect . [ Maule J. Can he take advantage of it in this stage ? The original defendant could not , I appre- hend , take advantage of it against the garnishee . The garnishee might say , " I paid it ...
... entitled to take advantage of this defect . [ Maule J. Can he take advantage of it in this stage ? The original defendant could not , I appre- hend , take advantage of it against the garnishee . The garnishee might say , " I paid it ...
Page 58
... entitled to recover in respect of the second question , parcels of the sum mentioned in the said plea ; and he awarded a verdict to be entered for the defendant as to the residue ( if any ) ⚫ of the said plea . • If the Court decided ...
... entitled to recover in respect of the second question , parcels of the sum mentioned in the said plea ; and he awarded a verdict to be entered for the defendant as to the residue ( if any ) ⚫ of the said plea . • If the Court decided ...
Page 59
... entitled the defendant to have the verdict entered as herein mentioned ; and that the verdicts might be entered on the general issue for the plaintiff as to 1667. 2s . 6d . ; on the statute of limitations for the plaintiff as to 166l ...
... entitled the defendant to have the verdict entered as herein mentioned ; and that the verdicts might be entered on the general issue for the plaintiff as to 1667. 2s . 6d . ; on the statute of limitations for the plaintiff as to 166l ...
Page 65
... entitled to a verdict for that amount . The question in the abstract is , whether a party can appropriate a sum of money due by way of set - off . It is submitted that the doctrine of appropriation does not apply to cases of set - off ...
... entitled to a verdict for that amount . The question in the abstract is , whether a party can appropriate a sum of money due by way of set - off . It is submitted that the doctrine of appropriation does not apply to cases of set - off ...
Page 73
... entitled to recover them in his capacity of an attorney , for he does not appear to have claimed them in that character . On the third question I agree with the rest of the Third point , Court , that the plaintiff is not entitled to ...
... entitled to recover them in his capacity of an attorney , for he does not appear to have claimed them in that character . On the third question I agree with the rest of the Third point , Court , that the plaintiff is not entitled to ...
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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.