Reports of Cases Determined in the Several Courts of Westminster-hall, from 1746 to 1779, Volume 2 |
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Page 682
... writ could not be sued of out the 23d February , 1769 , there being no such day in Term : and relied upon Estwick against Cooke , Lord Raym . 1557 , where a declaration , that a writ was prosecuted 18th July , " Curia apud Westm ...
... writ could not be sued of out the 23d February , 1769 , there being no such day in Term : and relied upon Estwick against Cooke , Lord Raym . 1557 , where a declaration , that a writ was prosecuted 18th July , " Curia apud Westm ...
Page 683
... writ , though tested as of the preceding Term , issued on a certain day in vacation ? In Estwick v . Cooke the allegation was , that it issued on a day in the vacation , the said Court then being held at W .; ' which was incongruous ...
... writ , though tested as of the preceding Term , issued on a certain day in vacation ? In Estwick v . Cooke the allegation was , that it issued on a day in the vacation , the said Court then being held at W .; ' which was incongruous ...
Page 694
... writ , though it must appear in the record ; and when that is made up , the proceedings will be sufficiently re- gular ; Oakes and Forrest ( d ) , Common Pleas , Cooke's Rules and Orders . But the Court was of opinion , that the writ ...
... writ , though it must appear in the record ; and when that is made up , the proceedings will be sufficiently re- gular ; Oakes and Forrest ( d ) , Common Pleas , Cooke's Rules and Orders . But the Court was of opinion , that the writ ...
Page 702
... writ they seised the goods in question , which were then remaining in the said William Martin's house . But no copy of the judgment , on which said fi . fa . was ground- ed , was produced in evidence . " Q. Whether it was necessary for ...
... writ they seised the goods in question , which were then remaining in the said William Martin's house . But no copy of the judgment , on which said fi . fa . was ground- ed , was produced in evidence . " Q. Whether it was necessary for ...
Page 709
... writ of appeal , tested the 30th of April preceding , brought by Anne Bigby , widow , against the said Matthew and Patrick his brother , for the death of John Bigby her husband , returnable the morrow of the Ascension ; which writ was ...
... writ of appeal , tested the 30th of April preceding , brought by Anne Bigby , widow , against the said Matthew and Patrick his brother , for the death of John Bigby her husband , returnable the morrow of the Ascension ; which writ was ...
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Common terms and phrases
advowson affidavit afterwards annuity appear arrest assignment assumpsit attorney bail bankrupt Barnes bill BLACKSTONE bond brought Burland Burr cited commissioners common common law copyhold costs count Court covenant damages Davy debt declaration defendant defendant's demise demurrer devise East ejectment Eliz evidence execution executor feme covert fendant fieri facias Glyn GOULD granted GREY Grose habeas corpus held Hilary Term husband issue Judges judgment jury Justice King's Bench lands lease lessor liable Lord Lord Ellenborough Lord MANSFIELD ment NARES non est factum nonsuit officer opinion paid party payment person plaintiff plea pleaded premisses present question qui tam Raym recover remainder S. C. 3 Wils Salk Saund sect sheriff shew cause shewed for cause statute Stra sued Taunt tenant Term testator Tidd's Pr tion trespass trial verdict Walker warrant wife words writ of right
Popular passages
Page 1131 - the party plaintiff, his heirs, executors or administrators, as the case shall require, may commence a new action or suit from time to time, within a year after such judgment reversed or such judg,ment given against the plaintiff', or outlawry reversed, and not after.
Page 1004 - he takes from the creditors a part of that fund, which is the proper security to them for the payment of their debts. That was the foundation of the decision in Grace v. Smith, and I think it stands upon the fair ground of reason;
Page 1078 - think the verdict wrong in point of law. Upon a contract for a purchase, if the title proves bad, and the vendor is (without fraud) incapable of making a good one, I do not think that the purchaser can be entitled to any damages for the fancied goodness of the bargain, which he supposes he has
Page 1075 - because both plaintiff and defendant are equally criminal. But where contracts or transactions are prohibited by positive statutes, for the sake of protecting one set of men from another set of men; the one from their situation and condition being liable to be oppressed or imposed upon by the other; there the parties are not in pari
Page 828 - 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 1283 - and from the islands, ports, havens, cities, creeks, towns, and places of Asia, Africa, and America, or any of them beyond the Cape of Bona Esperanza to the Streights of Magellan, where any trade or traffick of merchandize
Page 1253 - matters in writing made by advice and upon consideration, and which finally import the certain truth of the agreement of the parties, should be controlled by averment of the parties to be proved by the uncertain testimony of slippery memory ; and it
Page 832 - 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 775 - 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 828 - 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