Reports of Cases Argued and Determined in the Court of Common Pleas, and Other Courts: With Tables of the Cases and Principal Matters, Volume 10J. Butterworth and Son, 1834 - Law reports, digests, etc |
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Page 7
... action against him , it must be an action for money had and received , to enable him to divide among the creditors the proceeds resulting from the sale of the in- solvent's goods . It would be a great hardship to make the sheriff liable ...
... action against him , it must be an action for money had and received , to enable him to divide among the creditors the proceeds resulting from the sale of the in- solvent's goods . It would be a great hardship to make the sheriff liable ...
Page 8
... action against the sheriff for selling after notice of the assign- ment . However , according to the construction which has oeen given in Nottley v . Buck , to the same words in the 108th section of the bankrupt act , it is clear the action ...
... action against the sheriff for selling after notice of the assign- ment . However , according to the construction which has oeen given in Nottley v . Buck , to the same words in the 108th section of the bankrupt act , it is clear the action ...
Page 9
... action for money had and received . But I can scarcely conceive the case of an action for money had and received by means of a tortious conversion of goods , in which , upon the same principle , an action of trover would not equally lie ...
... action for money had and received . But I can scarcely conceive the case of an action for money had and received by means of a tortious conversion of goods , in which , upon the same principle , an action of trover would not equally lie ...
Page 10
... action lies . BOSANQUET J. I agree in thinking that the sheriff is liable in this action of trover , not for the seizure of the goods , which took place before notice of the insolvent's petition , but for the sale , which was wrongful ...
... action lies . BOSANQUET J. I agree in thinking that the sheriff is liable in this action of trover , not for the seizure of the goods , which took place before notice of the insolvent's petition , but for the sale , which was wrongful ...
Page 18
... action which has been correctly adopted ; because although a wrongful taking may be a ground of trespass , there are many cases in which a party may waive the trespass and sue in case : such is the action of trover ; and no one will ...
... action which has been correctly adopted ; because although a wrongful taking may be a ground of trespass , there are many cases in which a party may waive the trespass and sue in case : such is the action of trover ; and no one will ...
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Common terms and phrases
act of parliament action affidavit aforesaid ALDERSON alleged appears apply arrest assignment assumpsit authority bail bankrupt bankruptcy BEAUMONT bill bond BOSANQUET chairman charge claim commissioners Common Pleas contended contract costs count Court covenant damages daughters debt declaration deed Defendant Defendant's demurrer discharged eldest enacting clause entered entitled evidence execution executors fact fendant feoffee feoffment GASELEE ground heir apparent heir male held indenture indorsed intention issue Judge judgment jury King's Bench liable libel Lord Lord Mansfield Maberly male heir ment NOCKELLS nolle prosequi nonsuit objection obtained a rule opinion paid party payment PERRATT person Plaintiff pleaded possession preamble premises question recover remainder rent replevin respect Richard Chilcott Robert Hawkins rule nisi sheriff shewed cause ship statute statute of frauds sued sufficient tenant term testator thereof tiff TINDAL C. J. tion traverse trespass trial trover trustees verdict vested warrant Wilde Serjt words writ
Popular passages
Page 443 - ... be actually made, procured, or provided, or fit or ready for delivery, or some act may be requisite for the making or completing thereof, or rendering the same fit for delivery...
Page 428 - 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 ; ex.
Page 110 - Nota, every contract made for or about any matter or thing which is prohibited and made unlawful by any statute, is a void contract, though the statute itself doth not mention that it shall be so but only inflicts a penalty on the offender; because a penalty implies a prohibition though there are no prohibitory words in the statute
Page 455 - Smith now hath in himself good right, full power, and lawful and absolute authority...
Page 364 - And be it further enacted, that this act shall be deemed and taken to be a public act, and shall be judicially taken notice of as such by all judges, justices, and others, without being specially pleaded.
Page 428 - II. — In Covenant and Debt. 1. In debt on specialty or covenant, the plea of non est factum shall operate as 'a denial of the execution of the deed in point of fact only, and all other defences shall be specially pleaded, including matters which make the deed absolutely void, as well as those which make it voidable. 2. The plea of " nil debet" shall not be allowed in any action.
Page 238 - The following certificate was afterwards sent : — We have heard this case argued by counsel, and have considered it, and we are of opinion, that...
Page 338 - Nottingham, nonsuited the plaintiff, with leave to move to set aside the nonsuit, and enter a verdict for the plaintiff, if the court should be of opinion that he was entitled to recover.
Page 429 - In an action of slander of the plaintiff, in his office, profession, or trade, the plea of not guilty will operate to the same extent precisely as at present, in denial of speaking the words, of speaking them maliciously, and in the sense imputed, and with reference to the plaintiff's office, profession, or trade ; but it will not operate as a denial of the fact of the plaintiff holding the office, or being of the profession or trade alleged.
Page 450 - CD, his executors, administrators, and assigns, by these presents, in manner following (that is to say), that for and notwithstanding any act, deed, matter, or thing whatsoever by him, the said AB, or the said F.