The Law of Pleading and Evidence in Civil Actions: Arranged Alphabetically: with Practical Forms: and the Pleading and Evidence to Support Them, Volume 1R. H. Small, 1831 - Civil procedure |
From inside the book
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Page 9
... proof at all , as to the cause of action , on the plt . , as in trespass , if deft . * justifies , he has a right to begin , as " the question of damages never [ * 9 ] arises until the issue has been tried . " Per Bailey , J. , Jackson ...
... proof at all , as to the cause of action , on the plt . , as in trespass , if deft . * justifies , he has a right to begin , as " the question of damages never [ * 9 ] arises until the issue has been tried . " Per Bailey , J. , Jackson ...
Page 14
... proof , and is therefore objectionable : 1 Camp . 479 ; Rep . temp . Hardw . 286 ; 6 Mo. 116. Where deft . pleads a misnomer of Christian name , he must give both his Christian and surname , though his true surname is used . in the ...
... proof , and is therefore objectionable : 1 Camp . 479 ; Rep . temp . Hardw . 286 ; 6 Mo. 116. Where deft . pleads a misnomer of Christian name , he must give both his Christian and surname , though his true surname is used . in the ...
Page 24
... Proof for Defendant . ] Deft . may prove himself to be an attorney either by producing the original roll , signed by the party on his admis- sion , together with the proof of his signature , or by means of an examined copy ; or he may ...
... Proof for Defendant . ] Deft . may prove himself to be an attorney either by producing the original roll , signed by the party on his admis- sion , together with the proof of his signature , or by means of an examined copy ; or he may ...
Page 34
... Proof that deft . stated that he would call and settle the amount of the debt sent in , is sufficient ; Clarke v . Glennie , 3 Stark . 10. So is proof of his sending £ 5 on account , and stating that he would pay the remainder next week ...
... Proof that deft . stated that he would call and settle the amount of the debt sent in , is sufficient ; Clarke v . Glennie , 3 Stark . 10. So is proof of his sending £ 5 on account , and stating that he would pay the remainder next week ...
Page 37
... Proof of Public Acts . ] As the courts take judicial notice of public acts , and as they are presumed to be known to all men , they require no proof ; and the printed books are used as hints of that which is supposed to be in every ...
... Proof of Public Acts . ] As the courts take judicial notice of public acts , and as they are presumed to be known to all men , they require no proof ; and the printed books are used as hints of that which is supposed to be in every ...
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Other editions - View all
The Law of Pleading and Evidence in Civil Actions: Arranged Alphabetically ... John Simcoe Saunders No preview available - 2018 |
The Law of Pleading and Evidence in Civil Actions: Arranged Alphabetically ... John Simcoe Saunders No preview available - 2022 |
The Law of Pleading and Evidence in Civil Actions: Arranged Alphabetically ... John Simcoe Saunders No preview available - 2019 |
Common terms and phrases
11 East acceptance acceptor accord and satisfaction act of bankruptcy admission aforesaid afterwards agent agreement alleged assault assignees assumpsit attorney averment award bankrupt Bayl bill of exchange Bing bond breach Burr Camp cause of action charter-party Chit commission common common counts consideration contract count court covenant coverture Cowp creditor damages debt declaration deed defence deft deft.'s delivered delivery demurrer discharge drawer endorsed entitled estopped estoppel Evidence for Defendant Evidence for Plaintiff execution fact Form of Remedy hath held issue judgment jury latitat liable lord the king ment necessary non est factum notice paid party payable payment performance plea in abatement possession precedent promise proof prove Raym recover replication Salk Saund sheriff Stark statute sued sufficient suit sum of money Taunt tenant thereof Tidd tion trespass trover variance venue Wils writ
Popular passages
Page 225 - Faith, in the sum of pounds of good and lawful money of Great Britain to be paid to Our said Lady the Queen, her heirs and successors.
Page 283 - ... committed, provided the person or persons so dealing with such bankrupt, or at whose suit or on whose account such execution or attachment shall have issued, had not at the time of such contract, dealing, or transaction, or at the time of executing or levying such execution or attachment, notice of any prior act of bankruptcy by him committed...
Page 283 - ... all executions and attachments against the lands and tenements or goods and chattels of such bankrupt, bond fide executed or levied more than two calendar months before the issuing of such commission, shall be valid, notwithstanding any prior act of bankruptcy by him committed...
Page 483 - East, 529;) and where an expression is capable of different meanings, that shall be taken which will support the averment, and not the other which would defeat it.
Page 174 - Where articles contain covenants for the performance of several things, and then one large sum is stated at the end to be paid upon breach of performance, that must be considered as a penalty. But where it is agreed that if a party do such a particular thing, such a sum shall be paid by him, there the sum stated may be treated as liquidated damages.
Page 283 - ... had notice at the time of such purchase of an act of bankruptcy, by such bankrupt committed, shall be impeached by reason thereof, unless (*)the commission against such bankrupt shall have been sued out within twelve calendar months(») after such act of bankruptcy(iw).
Page 407 - Alison (a) it was laid down that " the distincGKEENWOOD. tion is this; if a servant driving a carriage, in order to effect some purpose of his own, wantonly strike the horses of another person and produce the accident, the master will not be liable. But if, in order to perform his master's orders, he strikes, but injudiciously and in order to extricate himself from a difficulty, that will be negligent and careless conduct for which the master will be liable, being an act done in pursuance of the...
Page 408 - And the rule of law may be that in all cases where a man is in possession of fixed property he must take care that his property is so used and managed that other persons are not injured, and that, whether his property be managed by his own immediate servants or by contractors or their servants.
Page 284 - That where there has been mutual Credit given by the Bankrupt and any other Person, or where there are mutual Debts between the Bankrupt and any other Person, the Commissioners shall state the Account between them, and one Debt or Demand may be set against another...
Page 298 - That if any Person who shall have been so discharged by such Certificate as aforesaid, or who shall have compounded with his Creditors, or who shall have been discharged by any Insolvent Act, shall be or become Bankrupt, and have obtained or shall hereafter obtain such Certificate as aforesaid...