Reports of Cases Argued and Determined in the English Courts of Common Law: With Tables of the Cases and Principal Matters, Volume 28T. and J.W. Johnson, law booksellers, 1854 |
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Page 28
... witness was present at the trial of the ejectment ; but that without proof of the evidence of the deceased witness , such proceedings would not have been proof of the execution . A question having arisen as to the sanity of the devisor ...
... witness was present at the trial of the ejectment ; but that without proof of the evidence of the deceased witness , such proceedings would not have been proof of the execution . A question having arisen as to the sanity of the devisor ...
Page 29
... witness to it , had sworn to the execution of it at the trial of the issue , and had since died . It appeared , on cross - examination of one of the witnesses produced by the defendant below , that Proctor , another subscribing witness ...
... witness to it , had sworn to the execution of it at the trial of the issue , and had since died . It appeared , on cross - examination of one of the witnesses produced by the defendant below , that Proctor , another subscribing witness ...
Page 31
... witness must have been called on the former occasion . ] At any rate , some satisfactory proof must have been given . In Burnett v . Lynch , 5 B. & C. 589 , the testimony of the subscribing witness to a lease was dispensed with ...
... witness must have been called on the former occasion . ] At any rate , some satisfactory proof must have been given . In Burnett v . Lynch , 5 B. & C. 589 , the testimony of the subscribing witness to a lease was dispensed with ...
Page 32
... witness to a document is alive he must be called . The statute of frauds having prescribed peculiar solemnities for the devising of lands , the court will be less willing to admit an exception in this case than in any other . The ...
... witness to a document is alive he must be called . The statute of frauds having prescribed peculiar solemnities for the devising of lands , the court will be less willing to admit an exception in this case than in any other . The ...
Page 33
... witness being alive . It cannot supersede the necessity of giving the best evidence , although it may be adduced in confirmation . [ BAYLEY , B. The question is , whether this production of Bleasdale's evidence has not the same effect ...
... witness being alive . It cannot supersede the necessity of giving the best evidence , although it may be adduced in confirmation . [ BAYLEY , B. The question is , whether this production of Bleasdale's evidence has not the same effect ...
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Common terms and phrases
action admitted affidavit aforesaid afterwards agreement alleged amend appear apply appointment assignment assumpsit award bail bankrupt bankruptcy bill of exchange Bing certiorari charge clause codicil contract costs count court creditors damages debt declaration defendant defendant's devised discharged distrain distress ejectment entitled evidence execution executors Fazakerley free warren gaol Gillibrand given grant ground held Hilary term Hungerford Market indenture indictment issue judgment jury justices King's Bench land liable LITTLEDALE LORD DENMAN C. J. mandamus manor matter ment messuages nonsuit notice opinion paid parish party PATTESON payment person plaintiff plaintiff in error plea pleaded possession premises proceedings quarter sessions question refused rent replication respect rule nisi sessions settlement sheriff show cause stat statute taken TAUNTON tenant term testator thereof tion tithes toll trial Trinity term trustees verdict vestry warrant of attorney William witness words writ
Popular passages
Page 187 - Defendant afterwards, under leave, reserved at the trial, moved for and obtained a rule to show cause why the verdict should not be set aside...
Page 111 - Provided always, that nothing herein contained shall alter or take away or lessen the Effect of any Payment of any Principal or Interest made by any Person whatsoever...
Page 217 - Justice, and of an Act passed in the Parliament of Ireland in the Sixth Year of the Reign of Queen Anne, intituled An Act for the Amendment of the Law and the better advancement of Justice...
Page 427 - Nisi was obtained, calling on the plaintiff to show cause why a new trial should not be granted, upon the ground that the testimony of the woman had been improperly rejected.
Page 167 - Session holden in the Eighth and Ninth Years of the Reign of King William the Third, intituled An Act for -the better preventing frivolous and vexatious Suits...
Page 97 - I have humbly to move your lordship for a rule to show cause why a nonsuit should not be entered, or why the verdict entered for the plaintiff" should not be set aside, and a New Trial had.
Page 220 - ... and that the judgment of the court below ought to be affirmed, with costs.
Page 44 - Pollock now moved for a rule to show cause why the nonsuit should not be set aside and a new trial had. The plaintiff is entitled to recover the money paid for the shares, the consideration for the payment having totally failed.
Page 236 - ... the defendant has not appealed against the conviction, where an appeal is allowed, or. if appealed against, the conviction has been affirmed, such conviction shall not afterwards be set aside or vacated in consequence of any defect of form whatever, but the construction shall be such a fair and liberal construction as will "be agreeable to the justice of the case.
Page 102 - ... personal estate and effects within this realm or abroad which such prisoner may purchase, or which may revert, descend, be devised or bequeathed, or come to him...