An Abridgment of the Law of Nisi Prius... |
From inside the book
Results 1-5 of 100
Page 675
... Trespass . I. In what Case an Action of Trespass may be main- tained II . Where Trespass cannot be maintained 1206 1225 1228 1255 1261 III . Of the Declaration Pag 1264 IV . Of CONTENTS .
... Trespass . I. In what Case an Action of Trespass may be main- tained II . Where Trespass cannot be maintained 1206 1225 1228 1255 1261 III . Of the Declaration Pag 1264 IV . Of CONTENTS .
Page 678
... Trespass for Mesne Profits . I. Of the Nature of the Action of Ejectment . AN ejectment is a possessory action ( 1 ) , wherein the title to lands and tenements may be tried , and the possession re- covered in all cases where the party ...
... Trespass for Mesne Profits . I. Of the Nature of the Action of Ejectment . AN ejectment is a possessory action ( 1 ) , wherein the title to lands and tenements may be tried , and the possession re- covered in all cases where the party ...
Page 679
... trespass , although the right may be ascertained , damages alone can be recovered . In the action of ejectment , indeed , the damages which are given are merely nominal : but the law has provided another remedy for the injury sustained ...
... trespass , although the right may be ascertained , damages alone can be recovered . In the action of ejectment , indeed , the damages which are given are merely nominal : but the law has provided another remedy for the injury sustained ...
Page 743
... trespass , vi et armis , which may be brought by the lessor of the plaintiff in ejectment , either in his own name , or in the name of the fictitious lessee ( 50 ) against the person in actual possession and trespassing ; and in which ...
... trespass , vi et armis , which may be brought by the lessor of the plaintiff in ejectment , either in his own name , or in the name of the fictitious lessee ( 50 ) against the person in actual possession and trespassing ; and in which ...
Page 744
... trespass without proving an actual entry ; but where the judgment is had against the casual ejector , and so no rule entered into , the lessor shall not maintain trespass without an actual entry , and therefore ought to prove the writ ...
... trespass without proving an actual entry ; but where the judgment is had against the casual ejector , and so no rule entered into , the lessor shall not maintain trespass without an actual entry , and therefore ought to prove the writ ...
Contents
771 | |
784 | |
794 | |
801 | |
856 | |
867 | |
873 | |
879 | |
885 | |
893 | |
912 | |
923 | |
926 | |
932 | |
942 | |
948 | |
994 | |
1001 | |
1007 | |
1024 | |
1111 | |
1118 | |
1125 | |
1133 | |
1139 | |
1142 | |
1166 | |
1189 | |
1198 | |
1206 | |
1225 | |
1255 | |
1261 | |
1264 | |
1290 | |
1296 | |
1312 | |
1330 | |
1340 | |
8 | |
Common terms and phrases
action administrator afterwards agreement appeared assignment assumpsit assured averred avowry barratry bill bill of lading brought Burr Camp cargo Carth charter common law contract corporation court Cowp damages debt declaration defendant delivered devisor East ejectment election Eliz entitled evidence execution executor false imprisonment fendant freight gamekeeper grant ground Hence holden insured intestate issue judgment jury Kenyon land lease liable London Lord Ellenborough Lord Mansfield loss maintain mandamus manor Mansfield master mayor ment necessary nonsuit notice opinion owner paid partners party payment person plaintiff plea pleaded port possession prove quo warranto Raym recover rent replevin rule Salk servant sheriff shew ship stat statute statute of frauds sufficient Taunt tenant testator thereof tion tithes trespass trover underwriter verdict voyage warrant witness words writ
Popular passages
Page 806 - ... unless the agreement, upon which such action shall be brought or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith, or some other person thereunto by him lawfully authorized.
Page 806 - June no action shall be brought whereby to charge any executor or administrator upon any special promise, to answer damages out of his own estate...
Page 905 - Touching the adventures and perils which we the assurers are contented to bear and do take upon us in this voyage: they are of the seas, men of war, fire, enemies, pirates, rovers, thieves, jettisons, letters of mart and countermart, surprisals, takings at sea, arrests, restraints, and detainments of all kings, princes, and people, of what nation, condition, or quality soever...
Page 905 - NB — Corn, fish, salt, fruit, flour, and seed are warranted free from average, unless general, or the ship be stranded — sugar, tobacco, hemp, flax, hides and skins are warranted free from average, under five pounds per cent., and all other goods, also the ship and freight, are warranted free from average, under three pounds per cent, unless general, or the ship be stranded.
Page 845 - ... by some other will or codicil in writing, or other writing of the devisor, signed in the presence of three or four witnesses declaring the same; any former law or usage to the contrary notwithstanding.
Page 887 - ... that the cause of action arose within the jurisdiction of the court...
Page 868 - In all actions arising under the laws respecting copyrights the defendant may plead the general issue, and give the special matter in evidence.
Page 912 - ... as by the known usage of trade, or the like, acquired a peculiar sense, distinct from the popular sense of the same words ; or unless the context evidently...
Page 987 - ... dangers, he may be said to be interested in the safety of the thing. To be interested in the preservation of a thing is to be so circumstanced with respect to it as to have benefit from its existence, prejudice from its destruction.
Page 1189 - That from henceforth none be so hardy to tell or publish any false news or tales, whereby discord or occasion of discord, or slander may grow between the king and his people, or the great men of the realm; and he that doeth so shall be taken and kept in prison until he hath brought him into the court which was the first author of the tale.