Precedents in Pleading: With Copious Notes on Practice, Pleading and Evidence, Volume 1 |
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Page xii
... plain- tiff's testator ( the attorney's client ) purchased of the proprietor of the annuity AUCTIONEER AND APPRAISER . Declaration in assumpsit by an auctioneer and appraiser , for his bill 67 69 AWARDS . 1. Declaration upon an award or ...
... plain- tiff's testator ( the attorney's client ) purchased of the proprietor of the annuity AUCTIONEER AND APPRAISER . Declaration in assumpsit by an auctioneer and appraiser , for his bill 67 69 AWARDS . 1. Declaration upon an award or ...
Page xiv
... FARRIERS . Against a farrier , for not using due care , & c . in his treatment of the plain- tiff's horse , which was lame ib . 109 FEIGNED ISSUE FIXTURES FORBEARANCE . [ See " GUARANTEES . Xiv ASSUMPSIT : -DECLARATIONS .
... FARRIERS . Against a farrier , for not using due care , & c . in his treatment of the plain- tiff's horse , which was lame ib . 109 FEIGNED ISSUE FIXTURES FORBEARANCE . [ See " GUARANTEES . Xiv ASSUMPSIT : -DECLARATIONS .
Page xix
... plain- tiff , under an agreement to that effect 4. That a bond has been taken in satisfaction 5. Plea to a declaration for money paid for defendant's use , that at the time plaintiff became liable for the money , as defendant's surety ...
... plain- tiff , under an agreement to that effect 4. That a bond has been taken in satisfaction 5. Plea to a declaration for money paid for defendant's use , that at the time plaintiff became liable for the money , as defendant's surety ...
Page xxvii
... plain- tiff and defendant were partners , and that the cause of action had refer- ence to the partnership affairs . ib . PAYMENT . [ See " ACCORD AND SATISFACTION " ] 1. Plea to the common count in assumpsit ( or a special count ) ...
... plain- tiff and defendant were partners , and that the cause of action had refer- ence to the partnership affairs . ib . PAYMENT . [ See " ACCORD AND SATISFACTION " ] 1. Plea to the common count in assumpsit ( or a special count ) ...
Page xxx
... plain- tiff agreed to put them in perfect repair , & c . for a certain sum to be paid when the repairs , & c . were completed ; and that the defendant has paid part of his money , but withholds the remainder because the work is in ...
... plain- tiff agreed to put them in perfect repair , & c . for a certain sum to be paid when the repairs , & c . were completed ; and that the defendant has paid part of his money , but withholds the remainder because the work is in ...
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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.