A New Abridgment of the Law with Large Additions and Corrections, Volume 1T. Davis, 1846 - Law |
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Page xvi
... Audita Querela · 510 Agreements Aliens 153 Authority 518 - - 193 Average - - 530 Ambassadors Amendment and Jeofail Ancient Demesne Annuity and Rent - charge 215 Bail in Civil Causes 530 · 222 Bail in Criminal Cases · 581 · 263 Bailiff ...
... Audita Querela · 510 Agreements Aliens 153 Authority 518 - - 193 Average - - 530 Ambassadors Amendment and Jeofail Ancient Demesne Annuity and Rent - charge 215 Bail in Civil Causes 530 · 222 Bail in Criminal Cases · 581 · 263 Bailiff ...
Page 15
... audita querela by two , the death of one shall not abate the writ ; for the survivor is not to be restored to any thing that he has lost , but only to discharge himself of the execution , and thereupon , notwithstand- ing the death of ...
... audita querela by two , the death of one shall not abate the writ ; for the survivor is not to be restored to any thing that he has lost , but only to discharge himself of the execution , and thereupon , notwithstand- ing the death of ...
Page 243
... audita querela , the plaintiff surmises that he entered into a statute of 3007. to the de- fendant , for the payment of 50 % . per annum for six years , to John Bush , a stranger , if the defendant comes , and protestand . , & c . , pro ...
... audita querela , the plaintiff surmises that he entered into a statute of 3007. to the de- fendant , for the payment of 50 % . per annum for six years , to John Bush , a stranger , if the defendant comes , and protestand . , & c . , pro ...
Page 509
... AUDITA QUERELA . AN audita querela is a writ 2 U 2 ATTORNEY . 509 (H) Proceedings against an Attorney for Misbehaviour. ...
... AUDITA QUERELA . AN audita querela is a writ 2 U 2 ATTORNEY . 509 (H) Proceedings against an Attorney for Misbehaviour. ...
Page 510
Matthew Bacon, Sir Henry Gwilliam, Charles Edward Dodd. 510 AUDITA QUERELA . AN audita querela is a writ to be delivered against an unjust judg- ment or execution , by setting them aside for some injustice of the party that obtained them ...
Matthew Bacon, Sir Henry Gwilliam, Charles Edward Dodd. 510 AUDITA QUERELA . AN audita querela is a writ to be delivered against an unjust judg- ment or execution , by setting them aside for some injustice of the party that obtained them ...
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Common terms and phrases
act of bankruptcy adjudged affidavit agreement alien amended annuity appear arbitrators arrest assignment assize assumpsit attachment attorney audita querela award bail bailiff Bailment bankrupt Barn bill Bing bond brought Bulst Burr Caines Carth Chitt commission commissioners common law consideration contract court court of equity Cowen Cowp creditor damages debt declaration deed delivered discharge Dougl East Eliz equity execution executor granted hath Hawk held holden issue John judge judgment justice king King's Bench land liable Lord Mass ment nisi prius offence officer paid party payment person plaintiff plea pleaded in abatement proceedings promise Raym received recover refused remedy rent Roll rule Salk scire facias seisin sheriff statute statute of frauds Stra submission sued suit Taunt tenant Term thereof trespass verdict void Wend Wils writ of error
Popular passages
Page 179 - 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, or give something in earnest to bind the bargain, or in part payment...
Page 229 - Saund. 228, n. (1), it is said, that, " where there is any defect, imperfection, or omission in any pleading, whether in substance or form, which would have been a fatal objection upon demurrer ; yet, if the issue joined be such as necessarily required on the trial proof of the facts so defectively or imperfectly stated or omitted, and without which it is not to be presumed that either the judge would direct the jury to give or the jury would have given the verdict, such defect, imperfection, or...
Page 165 - ... hereditaments, shall at any time after the said four and twentieth day of June be assigned, granted or surrendered, unless it be by deed or note in writing, signed by the party so assigning, granting or surrendering the same, or their agents thereunto lawfully authorized by writing, or by act and operation of law.
Page 664 - I, AB, do swear, that I will faithfully, impartially, and honestly, according to the best of my skill and knowledge, execute the several powers and trusts reposed in me as one of the Commissioners for Inventions, and that without favour or affection, prejudice or malice.
Page 648 - ... or cause to be made any fraudulent surrender of any of his copyhold lands or tenements, or make or cause to be made any fraudulent gift, delivery, or transfer of any of his goods or chattels...
Page 669 - Action may plead the General Issue and give the special Matter in Evidence...
Page 229 - Case may be; and where Issue is joined on such Demurrer, the Court shall proceed and give Judgment according as the very Right of the Cause and Matter in Law shall appear unto them, without regarding any Imperfection, Omission, Defect in or Lack of Form...
Page 367 - It seems that an assault is an attempt, or offer, with force and violence, to do a corporal hurt to another; as by striking at him with, or without, a weapon; or presenting a gun at him, at...
Page 708 - ... if he shall have paid the debt, or any part thereof, in discharge of the whole debt...
Page 166 - ... unless the agreement, upon which such action shall be brought or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith, or some other person thereunto by him lawfully authorized.