Reports of Cases Argued and Determined in the Courts of Exchequer & Exchequer Chamber: From Hilary Term, 6 Will. IV. to [Easter Term, 10 Vict.] Both Inclusive; with Tables of the Cases and Principal Matters. [1836-1847], Volume 11S. Sweet, 1837 - Law reports, digests, etc |
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Results 1-5 of 100
Page 1
... plead at the last trial , ought to have been received ( a ) , the cause was tried again ( for the fourth time ) before ... pleaded , but before the issue joined . ( a ) See 9 M. & W. 606 . VOL . XI . B M. W. Exch . of Pleas , plaintiffs ...
... plead at the last trial , ought to have been received ( a ) , the cause was tried again ( for the fourth time ) before ... pleaded , but before the issue joined . ( a ) See 9 M. & W. 606 . VOL . XI . B M. W. Exch . of Pleas , plaintiffs ...
Page 2
... pleaded , but of issue joined , and at that time the deed had no existence . This view of the case is supported by many authorities . In Nichols v . Hay- wood ( a ) , in debt on bond , and non est factum pleaded , it appeared that ...
... pleaded , but of issue joined , and at that time the deed had no existence . This view of the case is supported by many authorities . In Nichols v . Hay- wood ( a ) , in debt on bond , and non est factum pleaded , it appeared that ...
Page 3
... pleaded , and therefore to be insufficient . It is stated in all the treatises on evidence , that non est factum puts in issue whether the deed be the defendant's deed at the time of pleading ; 1 Phill . Evid . 133 ; 2 Stark . Evid ...
... pleaded , and therefore to be insufficient . It is stated in all the treatises on evidence , that non est factum puts in issue whether the deed be the defendant's deed at the time of pleading ; 1 Phill . Evid . 133 ; 2 Stark . Evid ...
Page 7
... pleaded specially . It cannot be denied that this agreement was at one time binding , and therefore the throwing it up for such cause is matter in confession and avoidance . Waddilove v . Barnett ( b ) is an authority in point . There a ...
... pleaded specially . It cannot be denied that this agreement was at one time binding , and therefore the throwing it up for such cause is matter in confession and avoidance . Waddilove v . Barnett ( b ) is an authority in point . There a ...
Page 14
... pleaded , that before the fiat the defendants bill of exchange discounted a ALSAGER , Assignee of EVANS and Others ... pleading is not entitled to leave unanswered part of an allegation , which would be a good defence : Goram v ...
... pleaded , that before the fiat the defendants bill of exchange discounted a ALSAGER , Assignee of EVANS and Others ... pleading is not entitled to leave unanswered part of an allegation , which would be a good defence : Goram v ...
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Common terms and phrases
act of bankruptcy act of Parliament aforesaid agreement Alderson alleged amount appears apply assignees assumpsit attorney authority averment award bank bankrupt bankruptcy bill of exchange cause of action charge claim contract costs count Court covenant creditors damages debt declaration mentioned deed defendant pleaded defendant's delivered demurrer discharged duty entered entitled Erch evidence Exch execution executors fact fendant fraud given ground held indorsed interest issue judgment jury land law of France learned Judge liable Lord Abinger manor ment mortgage non est factum notice objection opinion overseers paid parish Parke party payable payment person plaintiff Pleas possession proceedings promise promissory note question reasonable recover rent replevin respect ROLFE S. H. Armitage scire facias shareholders sheriff shew cause shewn stat statute sufficient therein thereof tiff tion traverse trial trustees verdict Vict void voir dire warrant writ
Popular passages
Page 290 - interest or no interest," or "without further proof of interest than the policy itself," or "without benefit of salvage to the insurer...
Page 922 - ... that the action was really brought to try a right besides the mere right to recover damages for the trespass or grievance for which the action shall have been brought, or that the trespass or grievance in respect of which the action was brought was wilful and malicious.
Page 287 - ... beginning the adventure upon the said goods and merchandises from the loading thereof aboard the said ship, upon the said ship, &c. and so shall continue and endure, during her abode there, upon the said ship, &c. And further, until the said ship, with all her ordnance, tackle, apparel, &c., and goods and...
Page 99 - Martin afterwards obtained a rule calling on the plaintiff to shew cause why the...
Page 491 - Butt obtained a rule to shew cause why the verdict should not be set aside, and a new trial had on the ground of misdirection, or for arresting the judgment.
Page 127 - Attorney shall lawfully do or cause to be done in or about the premises by virtue of these presents...
Page 853 - The first count of the declaration, upon which alone the question arises, stated that, in consideration that the plaintiff, at the request of the defendant, had bought of the defendant a horse for the sum of £30, the defendant promised that it was sound and free from vice.
Page 179 - ... leave being reserved to the plaintiff to move to enter a verdict for him, if the court should be of opinion that neither of the avowries was sustained by the evidence.
Page 922 - I find to be due from the plaintiff to the defendant;" and he further awarded that each party should pay his own costs of the reference, and a moiety of the costs of the award...
Page 668 - ... held guilty of maintenance. Bro. Tit. Maintenance 7.14.17. &c. Nay, if he officiously gave evidence, it was maintenance ; so that he must have had a subpoena, or suppress the truth. That such doctrine repugnant to every honest feeling of the human heart should be soon laid aside must be expected.