Precedents in Pleading: With Copious Notes on Practice, Pleading and Evidence, Volume 1 |
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Page vi
... writ and declara- tion . The practice as to issuable pleas , several pleas , and signature of pleas , & c . re plying , rejoining and demurring , is also stated . ( b ) Vide chiefly the notes to the Pleas . A copy of the New Rules ...
... writ and declara- tion . The practice as to issuable pleas , several pleas , and signature of pleas , & c . re plying , rejoining and demurring , is also stated . ( b ) Vide chiefly the notes to the Pleas . A copy of the New Rules ...
Page x
... writ issued 16 26. Commencement of declaration where one of the plaintiffs died after the issuing of the writ ib . ib . 27. The like , where one of the defendants died after the issuing of the writ 4. In Actions in INFERIOR COURTS . 1 ...
... writ issued 16 26. Commencement of declaration where one of the plaintiffs died after the issuing of the writ ib . ib . 27. The like , where one of the defendants died after the issuing of the writ 4. In Actions in INFERIOR COURTS . 1 ...
Page xxvi
... writ within six years , and that the executor sued within a reasonable time after the death 346 347 ib . 348 MARRIAGE . 2. Plea that plaintiff engaged herself to another person 1. Plea to an action for breach of promise of marriage ...
... writ within six years , and that the executor sued within a reasonable time after the death 346 347 ib . 348 MARRIAGE . 2. Plea that plaintiff engaged herself to another person 1. Plea to an action for breach of promise of marriage ...
Page xxxii
... writ in the original action 3. Plea that the bond was not assigned by the sheriff 5. Replication thereto ; -Nul tiel record BANKRUPT . BILLS OF EXCHANGE 2. Plea , where there was a memorial in due time , but defendant contends it is ...
... writ in the original action 3. Plea that the bond was not assigned by the sheriff 5. Replication thereto ; -Nul tiel record BANKRUPT . BILLS OF EXCHANGE 2. Plea , where there was a memorial in due time , but defendant contends it is ...
Page xlv
... Writ of Summons . In the King's Bench [ or " Common Pleas , " or " Exchequer of Pleas . " ( b ) ] On the ( venue ) ... writ of summons , in cases where the de- fendant is not to be arrested or held to bail , to be followed by a writ of ...
... Writ of Summons . In the King's Bench [ or " Common Pleas , " or " Exchequer of Pleas . " ( b ) ] On the ( venue ) ... writ of summons , in cases where the de- fendant is not to be arrested or held to bail , to be followed by a writ of ...
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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.