Precedents in Pleading: With Copious Notes on Practice, Pleading and Evidence, Volume 1 |
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Page iii
... facts of his case , but should also be master of the Law affecting it . By limiting the plaintiff to one count for each ... fact might be varied in shape or form at pleas- ure , it mattered little to the Pleader that parts of his plead ...
... facts of his case , but should also be master of the Law affecting it . By limiting the plaintiff to one count for each ... fact might be varied in shape or form at pleas- ure , it mattered little to the Pleader that parts of his plead ...
Page iv
... facts , and to relieve suitors from unnecessary expen- ses , by enabling them to ascertain , in due time before the ... facts and law were presented to the Judge and Jury , in the hurry of a Nisi Prius Court , in a confused and ...
... facts , and to relieve suitors from unnecessary expen- ses , by enabling them to ascertain , in due time before the ... facts and law were presented to the Judge and Jury , in the hurry of a Nisi Prius Court , in a confused and ...
Page xxvi
... fact , viz . a pernicious habit of the person whose life was insured was not communicated to the defendant 23. That a material fact , viz . a known malady , was not communicated 24. That the policy was obtained by fraud JUDGMENT ...
... fact , viz . a pernicious habit of the person whose life was insured was not communicated to the defendant 23. That a material fact , viz . a known malady , was not communicated 24. That the policy was obtained by fraud JUDGMENT ...
Page xxx
... fact , showing the plaintiff's non - performance of his con- tract 2. Plea to a declaration for work in repairing candelabras : that the plain- tiff agreed to put them in perfect repair , & c . for a certain sum to be paid when the ...
... fact , showing the plaintiff's non - performance of his con- tract 2. Plea to a declaration for work in repairing candelabras : that the plain- tiff agreed to put them in perfect repair , & c . for a certain sum to be paid when the ...
Page 9
... fact , see Form 1 , ante , 2 , ] in an action on promises , [ or as the case may be , see id . ] For that whereas [ & c . conclude : ] to the damage of the plaintiff , as executor as aforesaid , of £ - — , and therefore he brings his ...
... fact , see Form 1 , ante , 2 , ] in an action on promises , [ or as the case may be , see id . ] For that whereas [ & c . conclude : ] to the damage of the plaintiff , as executor as aforesaid , of £ - — , and therefore he brings his ...
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Common terms and phrases
accepted acceptor accord and satisfaction according accrued Add account afterwards agreement alleged amount assignees assumpsit attorney bankrupt bankruptcy became due behalf bill of exchange Bing bond breach cause of action chattels Chit commencement common count confession and avoidance consideration Contr contract costs count mentioned Court damages debt declaration mentioned defendant further saith defendant is ready defendant saith defendant's demurrer discharge divers Dowl drawer Exchequer of Pleas fendant fraud further plea hath not paid heretofore indebted indorsed issue judgment last aforesaid last-mentioned lord the king ment non-assumpsit notice parcel &c party payable person plaintiff avers plaintiff hath plea in abatement plea of payment pleaded specially promise to pay promised the plaintiff promissory note ready to verify recover Replication request respect rule Saund says set-off sheriff statute Statute of Frauds sum of money tenant thereby therein thereupon Tidd tiff tion whereas the defendant writ writing obligatory
Popular passages
Page 131 - Be it known that as well in own name as for and in the name and names of all and every other person or persons to whom the same doth, may, or shall appertain, in part or in all...
Page 245 - Majesty's Courts of Record, shall not be revocable by any Party to such Reference, without the Leave of the Court by which such Rule or Order shall be made, or which shall be mentioned in such Submission, or by Leave of a Judge...
Page 25 - Judgment according as the very Right of the Cause and Matter in Law shall appear unto them...
Page 335 - AB as for his costs and charges by him, about his suit in that behalf expended...
Page 253 - 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 137 - ... to recover a reasonable satisfaction for the lands, tenements, or hereditaments, held or occupied by the defendant or defendants in an action on the case, for the use and occupation of what was so held or enjoyed...
Page 478 - In actions on the case, the plea of not guilty shall operate as a denial only of the breach of duty or wrongful act alleged to have been committed by the defendant, and not of the facts stated in the inducement; and no other defence than such denial shall be admissible under that plea ; all other pleas in denial shall take issue on some particular matter of fact alleged in the declaration.
Page 93 - CONDITION, by , on board the called the , whereof is Master, for this present voyage, now lying in the port of and bound for . To say : [insert description of merchandise] being marked and numbered as in the margin, and are to be delivered in the like good order and condition, at the aforesaid port of , (the dangers of the seas only excepted,) unto or assigns, he or they paying freight for the said goods , with primage and average accustomed.
Page 364 - ... daughter or servant), by leave of any of the said superior courts where such action is pending, or a judge of any of the said superior courts, to pay into court a sum of money by way of compensation or amends, in such manner and under such regulations as to the payment of costs and the form of pleading, as the said judges, or such eight or more of them as aforesaid, shall, by any rules or orders by them to be from time to time made, order and direct.