A Treatise on the Parties to Actions, and on Pleading: With Second and Third Volumes, Containing Precedents of Pleadings, and Copious Directory Notes, Volume 1G. and C. Merriam, 1837 - Forms (Law) |
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Page xxxii
... suit was brought in a justice's court , in the name of the party aggrieved , who there recovered . The judgment was reversed in the Supreme Court , on the ground that there was no evidence of any breach of the condi- tion . The court ...
... suit was brought in a justice's court , in the name of the party aggrieved , who there recovered . The judgment was reversed in the Supreme Court , on the ground that there was no evidence of any breach of the condi- tion . The court ...
Page 16
... suit ( m ) . And in the common case of a composition deed , the trustees can only sue in the name of the original creditor in whom the legal interest in the contract still remains . Where the assignor of the chose in action has become ...
... suit ( m ) . And in the common case of a composition deed , the trustees can only sue in the name of the original creditor in whom the legal interest in the contract still remains . Where the assignor of the chose in action has become ...
Page 17
... suit by showing a want of interest in the nominal plaintiff . Alsop v . Caines , 10 J. R. 400. Raymond v . Johnson , 10 ib . 488. Where three adjoining towns on a river are by statute authorized to regulate the times of taking fish ...
... suit by showing a want of interest in the nominal plaintiff . Alsop v . Caines , 10 J. R. 400. Raymond v . Johnson , 10 ib . 488. Where three adjoining towns on a river are by statute authorized to regulate the times of taking fish ...
Page 22
... suit of a surviving partner , he may include a of several debt due to him in his own separate right ( f ) . In the case of a deed , we have obligees , & c . is dead . seen that it is necessary to declare as surviving obligee , & c . ( g ) ...
... suit of a surviving partner , he may include a of several debt due to him in his own separate right ( f ) . In the case of a deed , we have obligees , & c . is dead . seen that it is necessary to declare as surviving obligee , & c . ( g ) ...
Page 23
... suit ( y ) . An executor may sue as such upon a contract made with him in * that character , as for goods sold by him as executor , or for money lent as [ * 23 ] such , and in other cases when the sum to be recovered would be assets ( z ) ...
... suit ( y ) . An executor may sue as such upon a contract made with him in * that character , as for goods sold by him as executor , or for money lent as [ * 23 ] such , and in other cases when the sum to be recovered would be assets ( z ) ...
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Common terms and phrases
11 East 12 Johns abatement action of trespass agent assignees assumpsit bankrupt bill Bing Binn bond breach Burr Campb cause of action chattel Chit chose in action committed common law count Court covenant coverture Cowp creditor damages declaration deed defendant demise detinue edit ejectment Eliz entitled ex delicto executor Feme feme covert form ex form of action held injury insolvent interest join joint jointly judgment land lease lessee lessor liable maintain an action Mass mesne profits Moore owner partners party person plaintiff plea Pleader pleading possession promise Rawle Raym recover remedy rent replevin rule Salk Saund Serg sheriff simple contract statute Stra sued suit supported sustainable Taunt tenant in common testator Tidd TIFFS tion tort trespass trover Vide Wend Wils writ
Popular passages
Page 715 - ... when any variance shall appear between the proof and the recital or setting forth on the record, writ, or document, on which the trial is proceeding, of any contract, custom, prescription, name, or other matter, in any particular or particulars in the judgment of such court or judge not material to the merits of the case, and by which the opposite party cannot have been prejudiced in the conduct of his action, prosecution, or defence...
Page 387 - upon all debts or sums certain payable at a certain time or otherwise, the jury on the trial of any issue, or on any inquisition of damages, may, if they shall think fit, allow interest to the creditor at a rate not exceeding the current rate of interest, from the time when such debts or sums certain were payable, if such debts or sums be payable by virtue of some written instrument at a certain time...
Page 697 - ... all actions for penalties, damages, or sums of money given to the party grieved, by any statute...
Page 701 - Case may be; and where Issue is joined on such Demurrer, the Court shall proceed and give Judgment according as the very Right of the Cause and Matter in Law shall appear unto them, without regarding any Imperfection, Omission, Defect in or Lack of Form...
Page 715 - ... exceeding the current rate of interest from the time when such debts or sums certain were payable, if such debts or sums be payable by virtue of some written instrument at a certain time, or, if payable otherwise, then from the time when demand of payment shall have been made in writing, so as such demand shall give notice to the debtor that interest will be claimed from the date of such demand until the term of payment; provided that interest shall be payable in all cases in which it is now...
Page 715 - ... in any particular or particulars in the judgment of such court or judge not material to the merits of the case, and by which the opposite party cannot have been prejudiced in the conduct of his action, prosecution, or defence, to be forthwith amended...
Page 697 - ... an action of trespass, or trespass on the case, as the case may be, may be...
Page 697 - We command you, That within eight days after the service of this writ on you, inclusive of the day of such service, you do cause an appearance to be entered...
Page 715 - That upon all debts or sums certain payable at a certain time, or otherwise, the jury on the trial of any issue, or on any inquisition of damages, may, if they shall think fit, allow interest to the creditor, at a rate not exceeding the current rate of interest, from the time when such debts or sums certain were payable, if such debts or sums certain be payable by virtue of some written instrument at a certain time...
Page 697 - Provided always, that nothing herein contained shall alter or take away or lessen the Effect of any Payment of any Principal or Interest made by any Person whatsoever...