Reports of Cases Argued and Determined in the Court of Common Pleas: With Table of the Names of Cases and Digest of the Principal Matters, Volume 1Henry Butterworth, 1836 - Law reports, digests, etc |
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Page 4
... appears under BOSANQUET , J. - Whatever may be the grounds upon which an executor was formerly exonerated from the payment of costs , I am of opinion that an executor is now placed in exactly the same situation as any other plaintiff ...
... appears under BOSANQUET , J. - Whatever may be the grounds upon which an executor was formerly exonerated from the payment of costs , I am of opinion that an executor is now placed in exactly the same situation as any other plaintiff ...
Page 5
... appear that the execu- tion creditor insisted that the sheriff should take these goods in execution ; he merely delivered ... appears that ( b ) 1 Dow . P. C. 428 . ( a ) 2 Dow . P. C. 166 . Com . Pleas DABBS " . HUMPHREY . Com . Pleas ...
... appear that the execu- tion creditor insisted that the sheriff should take these goods in execution ; he merely delivered ... appears that ( b ) 1 Dow . P. C. 428 . ( a ) 2 Dow . P. C. 166 . Com . Pleas DABBS " . HUMPHREY . Com . Pleas ...
Page 13
... appear necessary to the plaintiff to issue another execution against them . In answer to this it is suggested , that at the time when the original execution issued there was nothing due to the plaintiff ; but it appears to me , that the ...
... appear necessary to the plaintiff to issue another execution against them . In answer to this it is suggested , that at the time when the original execution issued there was nothing due to the plaintiff ; but it appears to me , that the ...
Page 15
... appear that the second execution issued for the same , or for any part of the same debt , as that for the recovery of ... appears by an affidavit made by the sheriff's officer , who levied the amount from the defendant , and who states ...
... appear that the second execution issued for the same , or for any part of the same debt , as that for the recovery of ... appears by an affidavit made by the sheriff's officer , who levied the amount from the defendant , and who states ...
Page 21
... appears by the Report that the plaintiff imme- diately proved the execution of the deed , and recovered a verdict ( h ) . But without reference to this general rule which prevails , the plaintiff is not bound in this case to prove the ...
... appears by the Report that the plaintiff imme- diately proved the execution of the deed , and recovered a verdict ( h ) . But without reference to this general rule which prevails , the plaintiff is not bound in this case to prove the ...
Common terms and phrases
action affidavit aforesaid agreement alleged amount annuity appears apply appointed assignment assumpsit attorney authority bankrupt bankruptcy bill of exchange Bing brought charter-party claim contract copyhold costs Court covenant creditors damages debt decease declaration deed defendant defendant's delivered demurrer devise entitled evidence execution executors fendant Frances Brooke freight GASELEE given granted ground heir held HUNGERFORD MARKET indorsed insolvent intention Interpleader issue judgment jury land lease leasehold leasehold estates lessor liable Lord Lord Ellenborough Lowndes manor ment mentioned nonsuit notice objection obtained a rule opinion paid parties payable payment Pearce person Philip Keys plaintiff plea pleaded possession premises promissory note proved question received recover rent replication rule nisi Serjt sheriff shew cause ship Stat Statute sufficient taken tenant term testator testator's thereof TINDAL tion trial trover trustees Upper Horton verdict words writ writ of right
Popular passages
Page 411 - ... in such possession or receipt, then such right " shall be deemed to have first accrued at the time of such death : " And when the person claiming such land or rent, shall claim in " respect of an estate or interest in possession...
Page 64 - Action after Issue joined, or if, upon Demurrer or otherwise, Judgment shall be given against the Plaintiff, the Defendant shall recover This Act not to extend to Scotland or Ireland, except in Two Cases.
Page 296 - I hereby appoint sole executrix of this my last will and testament ; hereby revoking all former wills by me made.
Page 411 - December one thousand eight hundred and thirty-three no arrears of rent or of interest in respect of any sum of money charged upon or payable out of any land or rent, or in respect of any legacy, or any damages in respect of such arrears of rent or interest, shall be recovered by any distress, action, or suit, Î" Section 40 is rep., from and after 1st January 1879, 37 & 38 Viet. c. 57. в. 9.J but within six years next after the same respectively shall have become due...
Page 426 - ... (the act of God, the Queen's enemies, fire, and all and every other dangers and accidents of the seas, rivers, and navigation of whatever nature and kind soever excepted) unto or to assigns freight for the said goods with primage and average accustomed.
Page 332 - ... all other perils, losses, and misfortunes that have or shall come to the hurt, detriment, or damage of the said goods and merchandises and ship, &c., or any part thereof...
Page 216 - 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.
Page 411 - ... the right to make such entry or distress, or to bring such action, shall have first accrued to the person making or bringing the same.
Page 191 - ... and thereupon to exercise, for the adjustment of such claims and the relief and protection of the sheriff or other officer, all or any of the powers and authorities herein-before contained, and make such rules and decisions as shall appear to be j ust, according to the circumstances of the case; and the costs of all such proceedings shall be in the discretion of the court.
Page 285 - ... and in any such action the defendant may plead the general issue, and give this Act and the special matter in evidence at any trial to be had thereupon...