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 3
... writ , in Easter term Spankie Serjt . , on the part of the sheriff , obtained a rule , calling on the Plaintiff , the Defendant , Susannah Spilsbury , the Defendant's wife , and the provisional as- signee of the insolvent debtors ...
... writ , in Easter term Spankie Serjt . , on the part of the sheriff , obtained a rule , calling on the Plaintiff , the Defendant , Susannah Spilsbury , the Defendant's wife , and the provisional as- signee of the insolvent debtors ...
Page 9
... writ in the hands of the sheriff , there has been no act of conversion by him , and an action for money had and received may be the only form of action ; but where the money in his hands arises from a conversion by sale of the goods ...
... writ in the hands of the sheriff , there has been no act of conversion by him , and an action for money had and received may be the only form of action ; but where the money in his hands arises from a conversion by sale of the goods ...
Page 26
... writ of auditâ querelâ , but the Courts afford relief on motion . The Defendant therefore having shewn that he has satisfied the verdict to the extent of 1187. , execu- tion shall only issue for the residue unpaid . The rule must be ...
... writ of auditâ querelâ , but the Courts afford relief on motion . The Defendant therefore having shewn that he has satisfied the verdict to the extent of 1187. , execu- tion shall only issue for the residue unpaid . The rule must be ...
Page 27
... writ cannot be amended ANDREWS Serjt . had obtained a rule nisi , to set The copy of aside the service of the writ of capias , and to dis- charge the Defendant out of custody , because the copy after service . of the writ on which he ...
... writ cannot be amended ANDREWS Serjt . had obtained a rule nisi , to set The copy of aside the service of the writ of capias , and to dis- charge the Defendant out of custody , because the copy after service . of the writ on which he ...
Page 28
... writ itself , à fortiori they would amend a copy , by referring to the writ . To put a rigid construction on the statute would occasion great inconvenience . TINDAL C. J. This case does not fall within the principle of the cases cited ...
... writ itself , à fortiori they would amend a copy , by referring to the writ . To put a rigid construction on the statute would occasion great inconvenience . TINDAL C. J. This case does not fall within the principle of the cases cited ...
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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.