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action admitted afterwards allowed answer ante appears argued arrest assignment attorney authority bail bankrupt bill BLACKSTONE bond brought cause charge cited commissioners common considered contract costs count Court damages Davy death debt defendant delivered devise directed discharged East entered entitled evidence execution fact fieri facias gave give given GOULD granted GREY ground heirs held husband interest issue John joined Judges judgment jury Justice King's Bench lands leave liable Lord matter ment moved NARES necessary notice officer opinion paid party payment person plaintiff plea pleaded premisses present proceedings proved question reason received recover remainder rule sheriff shew Smith statute sued sufficient taken Taunt tenant Term Thomas tion trade trespass trial verdict Walker warrant whole wife Wils writ
Page 826 - the rule has always been, that if a man has actually paid what the law would not have compelled him to pay, but what in equity and conscience he ought, he cannot recover it back again in an action for money had and received.
Page 830 - the principal consideration is, whether it be precisely the same cause of action in both, appearing by proper averments in a plea; or by proper facts stated in a special verdict, or a special case. One great criterion of this identity is, that the same evidence will maintain both the actions
Page 777 - A., for life; remainder to trustees to preserve contingent remainders; remainder to the children of A. and B. and their heirs for ever, to be divided
Page 826 - But the proposition is not universal, that whenever a man pays money which he is not bound to pay, he may by this action recover it back. Money due in point of honour or conscience, though a man is not compellable to pay it, yet *if paid, shall not be recovered back: as a bond