Cases in the Court of Common Pleas and Exchequer Chamber [1834-1840].S. Sweet, 1835 |
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Page 53
... rule of Hilary Term , 4 Will . 4 , the certificate was not filed before the day on which the commission had been made return- able . Mr. Serjeant Coleridge moved that it might now be filed . Lord Chief Justice TINDAL . - I see no ...
... rule of Hilary Term , 4 Will . 4 , the certificate was not filed before the day on which the commission had been made return- able . Mr. Serjeant Coleridge moved that it might now be filed . Lord Chief Justice TINDAL . - I see no ...
Page 57
... Rule refused ( d ) . ( d ) The rule was granted on the other points . MOSTYN v . CHAMPNEYS . By an order of the Vice - Chancellor , a case was directed to be stated for the opinion of this court ; the order pro- viding , that , in the ...
... Rule refused ( d ) . ( d ) The rule was granted on the other points . MOSTYN v . CHAMPNEYS . By an order of the Vice - Chancellor , a case was directed to be stated for the opinion of this court ; the order pro- viding , that , in the ...
Page 67
... Rule II of Hilary Term , 2 Will . 4 ( a ) , the word " execution " was substituted for " service . " The defen- of " service , ” in dant having given a bail - bond , Lord Chief Justice Den- man , at Chambers , ordered that it might be ...
... Rule II of Hilary Term , 2 Will . 4 ( a ) , the word " execution " was substituted for " service . " The defen- of " service , ” in dant having given a bail - bond , Lord Chief Justice Den- man , at Chambers , ordered that it might be ...
Page 68
... rule should be strictly adhered to ; but , at the same time they have felt that the non - compliance with a rule of court in this particular ought not to be visited with the same degree of punishment as would be inflicted for disobe ...
... rule should be strictly adhered to ; but , at the same time they have felt that the non - compliance with a rule of court in this particular ought not to be visited with the same degree of punishment as would be inflicted for disobe ...
Page 79
... rule be made absolute , on pay- ment of the costs of the action against the bail , and of the motion ; the bail having one week's time to render the principal . Rule accordingly . 1834 . BRADLEY v . BAILLIE . SYWOOD v . DOGHERTY . THE ...
... rule be made absolute , on pay- ment of the costs of the action against the bail , and of the motion ; the bail having one week's time to render the principal . Rule accordingly . 1834 . BRADLEY v . BAILLIE . SYWOOD v . DOGHERTY . THE ...
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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...