The Practice of the Law in All Its Departments: With a View of Rights, Injuries, and Remedies, and as Ameliorated by Recent Statutes, Rules, and Decisions ... and the Practice in Arbitrations; Before Justices; in Courts of Common Law; Equity; Ecclasiastical and Spiritual; Admiralty; and Courts of Appeal. With New Practical Forms. Intended as a Court and Circuit Companion, Volume 4London, H. Butterworth, 1838 - Civil procedure |
From inside the book
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Page xii
... pleading the execution of a will by a deceased person Page 151 152 153 155 157 .... 159 160 161 162 164 .... 166 167 Allegation in the Prerogative Court , on behalf of a next of kin of the de- ceased , contesting the validity of a will ...
... pleading the execution of a will by a deceased person Page 151 152 153 155 157 .... 159 160 161 162 164 .... 166 167 Allegation in the Prerogative Court , on behalf of a next of kin of the de- ceased , contesting the validity of a will ...
Page 7
... plead- " ings only , ( which at that time were carried on ore tenus , ) yet " I think it may fairly be extended to such a case as the pre- " sent , viz . a question upon the sufficiency of the proof that a " bill of exchange had been ...
... plead- " ings only , ( which at that time were carried on ore tenus , ) yet " I think it may fairly be extended to such a case as the pre- " sent , viz . a question upon the sufficiency of the proof that a " bill of exchange had been ...
Page 23
... pleaded the general issue , which was found for him , and the latter suf- fered judgment by default , upon which one farthing damages were assessed , it was holden to be competent to the judge to certify under the above statute of 43 ...
... pleaded the general issue , which was found for him , and the latter suf- fered judgment by default , upon which one farthing damages were assessed , it was holden to be competent to the judge to certify under the above statute of 43 ...
Page 24
... pleaded with leave of the Court , although the issue thereupon joined be found for him , and the judge has not certified that the defend- ant had a probable cause for pleading the matter therein plead- ed . ( a ) And where to a ...
... pleaded with leave of the Court , although the issue thereupon joined be found for him , and the judge has not certified that the defend- ant had a probable cause for pleading the matter therein plead- ed . ( a ) And where to a ...
Page 49
... pleaded that it was not the property of the plaintiff . It appeared that the - watch had formerly been the property of the father of the plaintiff and defendant , who were , two brothers . The defend- ant put in evidence letters of ...
... pleaded that it was not the property of the plaintiff . It appeared that the - watch had formerly been the property of the father of the plaintiff and defendant , who were , two brothers . The defend- ant put in evidence letters of ...
Common terms and phrases
action Adol affidavit aforesaid allege and propound appear apply Arches Court article and object assumpsit attorney behalf bill of exceptions Bing cause certificate CHAP chattels Chit compel costs counsel Court of Canterbury Court of Equity damages debt deceased declaration decree defendant defendant's demurrer Doctor of Laws duly ECCLESIASTICAL COURTS enactments entitled entry evidence Exchequer execution executor granted ground indorsement injuries issue judge judge's judgment jurisdiction jurors jury justice liable libel Lord mandamus marriage motion natural and lawful nisi prius nonsuit notice oath obtained otherwise parish party proponent doth payment person plaintiff plea pleaded PRACTICE IN ECCLESIASTICAL premises Prerogative Court proceedings proctor proponent doth allege province of Canterbury real property refused remedy requisites respecting Sect statute summons tenant term thereof tion trespass trial unless verdict wife witness writ writ of summons
Popular passages
Page 140 - December, 1833, no person shall make an entry or distress, or bring an action to recover any land or rent, but within twenty years next after the time at which the right to make such entry or distress or to bring such action shall have first accrued to some person through whom he claims...
Page 115 - AB as for his costs and charges by him, about his suit in that behalf expended...
Page 69 - ... shall have been in possession or receipt of the entirety, or more than his or their undivided share or shares of such land or of the profits thereof, or of such rent, for his or their own benefit, or for the benefit of any person or persons other than the person or persons entitled to the other share or shares of the same land or rent, such possession or receipt shall not be deemed to have been the possession or receipt of or by such lastmentioned person or persons, or any of them.
Page 104 - ... that an action of trespass, or trespass on the case, as the case may be, may be maintained against the executors or administrators of any persons deceased, for any wrong committed by him in his life-time, to another, in respect of his property, real or personal...
Page 116 - AB by a reasonable price and extent, all the goods and chattels of the said CD in your bailiwick, except his oxen and beasts of the plough...
Page 36 - Signed, sealed, published and Declared by the said Testator as and for his last Will and Testament in the Presence of us who in his presence and at his request and in the presence of each other have subscribed our names as Witnesses thereto.
Page 135 - The Condition of this Obligation is such, that if the above bounden Administrator of all and singular the Goods Chattels and Credits of Deceased, do make or cause to be made a true and perfect Inventory of all and singular the Goods Chattels and Credits...
Page 225 - ... by his body, until he shall have made satisfaction for the said contempt ; and how you shall execute this our precept notify unto and in nowise omit this, and have you there this writ. Witness Ourself at Westminster, the day of in the year of our reign.
Page 32 - A new trial is a rehearing of the cause before another jury, but with as little prejudice to either party, as if it had never been heard before.
Page 70 - AND be it further enacted, that when the person from whom the descent of any land is to be traced shall have had any relation who, having been attainted, shall have died before such descent shall have taken place, then such attainder shall not prevent any person from inheriting such land who would have been capable of inheriting the same by tracing his descent through such relation, if he had -not been attainted, unless such land shall have escheated in consequence of such attainder before the first...