Reports of Cases Argued and Determined in the King's Bench Practice Court: With the Points of Practice Decided in the Courts of Common Pleas and Exchequer, from Mich. Term, 1830 to [Michaelmas Term, 1841] ...S. Sweet, 1840 - Civil procedure |
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Page 38
... -- Held , that this was an escape . But in the case of an escape on mesne preces , no action can be maintained , unless the plaintiff can prove some damage . -to wit , on the 10th day of October , 38 EXCH . CASES ON POINTS OF PRACTICE ,
... -- Held , that this was an escape . But in the case of an escape on mesne preces , no action can be maintained , unless the plaintiff can prove some damage . -to wit , on the 10th day of October , 38 EXCH . CASES ON POINTS OF PRACTICE ,
Page 42
... proved . In Brown v . Jarvis ( a ) , Lord Abinger , C. B. , intimated the same opinion . It is true , that in some ... proving actual damage . Marzetti v . Williams ( b ) was , in fact , founded on a contract ; and the judgment of the ...
... proved . In Brown v . Jarvis ( a ) , Lord Abinger , C. B. , intimated the same opinion . It is true , that in some ... proving actual damage . Marzetti v . Williams ( b ) was , in fact , founded on a contract ; and the judgment of the ...
Page 44
... proving that the prisoner ought to be kept in prison after the return of the writ . We think , therefore , that the sheriff was wrong in permitting the prisoner to be out of the limits of the gaol . The second question then arises ...
... proving that the prisoner ought to be kept in prison after the return of the writ . We think , therefore , that the sheriff was wrong in permitting the prisoner to be out of the limits of the gaol . The second question then arises ...
Page 50
... prove something due on each count . PARKE , B. - The case of Mee v . Tomlinson was in part corrected by Marshall v . Whiteside ( a ) , where it is laid down that " where the plea amounts to an accord and satisfaction , it may be right ...
... prove something due on each count . PARKE , B. - The case of Mee v . Tomlinson was in part corrected by Marshall v . Whiteside ( a ) , where it is laid down that " where the plea amounts to an accord and satisfaction , it may be right ...
Page 61
... proved to the Speaker's satisfac- tion ; in every such case , such person or persons shall be held to have made default in his or their said recognizance ; and the Speaker of the House of Com- mons shall thereupon certify such ...
... proved to the Speaker's satisfac- tion ; in every such case , such person or persons shall be held to have made default in his or their said recognizance ; and the Speaker of the House of Com- mons shall thereupon certify such ...
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Reports of Cases Argued and Determined in the King's Bench ..., Volume 5 Great Britain Court of Exchequer No preview available - 2015 |
Common terms and phrases
affidavit aforesaid ALDERSON alleged allocatur amount appear application arbitrator arrest assignees assumpsit averment award bail bail bond bankrupt bill Bowmer brought capias cause of action certificate cognovit commenced contended contract costs count creditor custody damages debt declaration defendant defendant's delivered demurrer distringas entered entitled evidence execution fendant fieri facias given granted ground held indorsed issue judgment jurisdiction jury learned judge liable Lord ABINGER Lord DENMAN matter ment mentioned mesne process nisi prius nonsuit notice objection obtained a rule opinion paid PARKE party payment person petition plaintiff plea premises present prisoner proceedings pursuant question recognizance recover reference replication Rule absolute Rule discharged rule nisi security for costs set-off sheriff shewed cause shewn statute sufficient suit taken taxed thereof TINDAL tion trespass trial trover umpire verdict Vict warrant of attorney writ of summons
Popular passages
Page 154 - ... expressly named by him and attending at his request, to inform him of the nature and effect of such warrant or cognovit, before the same is executed ; which attorney shall subscribe his name as a witness to the due execution thereof, and thereby declare himself to be attorney for the person executing the same, and state that he subscribes as such attorney.
Page 172 - In all cases in which any particular number of days, not expressed to be clear days, is prescribed by the rules or practice of the courts, the same shall be reckoned exclusively of the first day, and inclusively of the last day, unless the last day shall happen to...
Page 338 - ... imperfectly stated or omitted, and without which it is not to be presumed that either the judge would direct the jury to give, or the jury would have given, the verdict, such defect, imperfection or omission, is cured by the verdict...
Page 93 - Majesty's superior courts at Westminster shall have any government stock, funds or annuities, or any stock or shares of or in any public company in England (whether incorporated or not), standing in his name in his own right, or in the name of any person in trust for him...
Page 794 - ... shall be payable, shall be deemed judgment creditors within the meaning of this act ; and all powers hereby given to the judges of the superior courts of common law with respect to matters depending in the same courts, shall and may be exercised by courts of equity with respect to matters therein depending, and by the lord chancellor...
Page 236 - ... 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...
Page 552 - August, 1821, if any person shall accept a bill of exchange payable at the house of a banker or other place, without further expression in his acceptance, such acceptance shall be deemed and taken to be, to all intents and purposes, a general acceptance of such bill. But if the acceptor shall, in his acceptance, express, that he accepts the bill payable at a banker's house or other place...
Page 194 - That in all cases in which any particular number of days, not expressed to be clear days, is prescribed by the rules or practice of the courts, the same shall be reckoned exclusively of the first day and inclusively of the last day...
Page 199 - that no plea in abatement for a misnomer shall be allowed in any personal action, but that in all cases in which a misnomer would but for this act have been by law pleadable in abatement in such actions, the defendant shall be at liberty to cause the declaration to be amended, at the costs of the plaintiff, by inserting the right name ; upon a judge's summons founded on an affidavit of the right name ; and in case such summons shall be discharged, the costs of such application shall be paid by the...
Page 130 - The eighty-first section enacts, that all conveyances by, and all contracts and other dealings and transactions by and with, any bankrupt bona fide made and entered into...