Cases in the Court of Common Pleas and Exchequer Chamber [1834-1840].S. Sweet, 1835 |
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Page 77
... agreed to be performed by each of two parties at the same time , he who was ready and offered to perform his part , but was discharged by the other , may maintain an action against the other for not performing his part . So , in cases ...
... agreed to be performed by each of two parties at the same time , he who was ready and offered to perform his part , but was discharged by the other , may maintain an action against the other for not performing his part . So , in cases ...
Page 84
... agreed by and between all the parties to the said last - men- tioned indenture that the said John Slatter , his executors and administrators , should be indem- nified and reimbursed out of the said last - mentioned annuity or yearly sum ...
... agreed by and between all the parties to the said last - men- tioned indenture that the said John Slatter , his executors and administrators , should be indem- nified and reimbursed out of the said last - mentioned annuity or yearly sum ...
Page 86
... agreed and arranged betwen the said Mary Slatter , the demandant , and George Slatter the younger , the tenant , that the business of the intestate should be carried on for the benefit of all parties until the rights of the demandant ...
... agreed and arranged betwen the said Mary Slatter , the demandant , and George Slatter the younger , the tenant , that the business of the intestate should be carried on for the benefit of all parties until the rights of the demandant ...
Page 88
... agreed " that the payment of such divi- dends to the said plaintiff , Mary Slatter , be without prejudice to any claim which she might have in the real and personal estate and effects of the said intestate . either at law or in equity ...
... agreed " that the payment of such divi- dends to the said plaintiff , Mary Slatter , be without prejudice to any claim which she might have in the real and personal estate and effects of the said intestate . either at law or in equity ...
Page 133
... agreed that the ship should pro- ceed with a cer- tain cargo from London to Oporto ; and , should the mas ter think it pos- sible to enter the port , with- out risk from the batteries ( then in posses- sion of Don Mi- guel's forces on ...
... agreed that the ship should pro- ceed with a cer- tain cargo from London to Oporto ; and , should the mas ter think it pos- sible to enter the port , with- out risk from the batteries ( then in posses- sion of Don Mi- guel's forces on ...
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Cases in the Court of Common Pleas and Exchequer Chamber John Scott,Great Britain Court of Exchequer No preview available - 2015 |
Common terms and phrases
action affidavit aforesaid afterwards agreement alleged annuity appears assignment assumpsit attorney bail bankrupt bankruptcy Bepton bill of exchange borough charged common consideration contract costs count court covenant creditor damages dant debt declaration mentioned deed defendant's delivered demand demised demurrer discharged entered entitled evidence execution executors fendant freight ground heirs held Henry Fauntleroy Hilary Term indenture indorsed insolvent intended issue judge judgment jury land lease liable Lord Chief Justice Lord Ellenborough LYME REGIS Manley Marsh Mary Mary Pickering ment Mostyn nonsuit notice obtained a rule opinion Oporto paid parties payable payment person Pickering plaintiff possession premises present purchaser question received recover rent rent-charge replication respect Serjeant Serjeant Talfourd set-off sheriff shew cause ship Sir Roger Mostyn Slatter sold statute sufficient tenant testator thereof Thomas Pickering tiff tion trial trustees verdict warrant Woolbeding writ
Popular passages
Page 395 - ... in any such action the defendant may plead the general issue, and give this act and the special matter in evidence, at any trial to bc had thereupon ; and no plaintiff...
Page 230 - Canterbury, and his assigns, for and during the term of his natural life, without impeachment of or for any manner of waste...
Page 323 - Officer as aforesaid, taking any such Bond, shall at the Request and Costs of the Avowant or Person making Conuzance assign such Bond to the Avowant or Person aforesaid, by indorsing the same, and attesting it under his Hand and Seal in the Presence of Two or more credible Witnesses...
Page 490 - Corn, fish, salt, fruit, flour, and seed are warranted free from average, unless general, or the ship be stranded — sugar, tobacco, hemp, flax, hides and skins are warranted free from average, under five pounds per cent, and all other goods, also the ship and freight, are warranted free from average, under three pounds per cent unless general, or the ship be stranded.
Page 396 - ... shall become nonsuit, or discontinue any such action after issue joined, or if, upon demurrer or otherwise, judgment shall be given against the plaintiff, the defendant shall recover his full costs as between attorney and client, and have the like remedy for the same as any defendant has by law in other cases...
Page 574 - In actions on the case, the plea of not guilty shall operate as a denial only of the breach of duty or wrongful act alleged to have been committed by the defendant, and not of the facts stated in the inducement...
Page 700 - Act empowered to make of freehold land. (2.) The licence may fix the annual value whereon fines, fees, or other customary payments are to be assessed, or the amount of those fines, fees, or payments. (3.) The licence shall be entered on the court rolls of the manor, of which entry a certificate in writing of the steward shall be sufficient evidence.
Page 324 - Kent, or the custom of any borough, or any other particular custom, shall be in writing, and signed by the party so devising the same, or by some other person in his presence, and by his express directions, and shall be attested and subscribed in the presence of the said devisor, by three or four credible witnesses) or else they shall be utterly void and of none effect.
Page 622 - In every species of assumpsit, all matters in confession and avoidance, including not only those by way of discharge, but those which show the transaction to be either void or voidable in point of law, on the ground of fraud or otherwise, shall be specially pleaded.
Page 627 - Judgment according as the very Right of the Cause and Matter in Law shall appear unto them...