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 11T. & J. W. Johnson, 1844 - Law reports, digests, etc |
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Page 3
... demurrer , but the only question now is , what was the issue in fact . It is like the plea of nil debet be- fore the new rules , under which , being in the present tense , matter subsequent to the accruing of the cause of action might ...
... demurrer , but the only question now is , what was the issue in fact . It is like the plea of nil debet be- fore the new rules , under which , being in the present tense , matter subsequent to the accruing of the cause of action might ...
Page 14
... demurrer . ants did not any sum of money to the bankrupt : - Held , that this traverse was not too narrow , as the lending and advancing , and the giving credit , appear ed to be all one transaction . J. W. Smith , in support of the ...
... demurrer . ants did not any sum of money to the bankrupt : - Held , that this traverse was not too narrow , as the lending and advancing , and the giving credit , appear ed to be all one transaction . J. W. Smith , in support of the ...
Page 15
... demurrer . But if the plea as it now stands were demurred to on that ground , the answer would be , that the mode of giving credit was alleged , viz . by lending and advancing the money . The lending and advancing , and giving credit ...
... demurrer . But if the plea as it now stands were demurred to on that ground , the answer would be , that the mode of giving credit was alleged , viz . by lending and advancing the money . The lending and advancing , and giving credit ...
Page 31
... demurrer , and joinder in demurrer . Humfrey , in support of the demurrer . The rejoinder is bad , as being inconsistent with and a departure from the plea . The plea sets up an absolute release , whereas the deed , when set out on oyer ...
... demurrer , and joinder in demurrer . Humfrey , in support of the demurrer . The rejoinder is bad , as being inconsistent with and a departure from the plea . The plea sets up an absolute release , whereas the deed , when set out on oyer ...
Page 34
... demurrer to each of these pleas , and joinder in demurrer . The points marked for argument in the margin were as follows : -As to the second plea ; that all the coals , veins 1843 . v . PROUD . of coal , and 34 CASES IN THE EXCHEQUER ,
... demurrer to each of these pleas , and joinder in demurrer . The points marked for argument in the margin were as follows : -As to the second plea ; that all the coals , veins 1843 . v . PROUD . of coal , and 34 CASES IN THE EXCHEQUER ,
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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 custody damages debt declaration mentioned deed 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 Steuart sufficient therein thereof tiff tion traverse trial trustees verdict Vict void voir dire warrant writ
Popular passages
Page 685 - Term) moved accordingly, and also for a rule to shew cause why there should not be a new trial on the ground...
Page 300 - interest or no interest," or "without further proof of interest than the policy itself," or "without benefit of salvage to the insurer...
Page 505 - CD ; and if, within the space of days next after the making of such, distress, the said last-mentioned sum, together with the reasonable charges of taking and keeping the said distress shall not be paid, that then you do sell the said goods...
Page 661 - We do not see how a better test can be applied to the question whether reasonable or not than by considering whether the restraint is such only as to afford a fair protection to the interests of the party in favor of whom it is given, and not so large as to interfere with the interests of the public.
Page 297 - ... 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 546 - Kelly had obtained a rule calling on the plaintiffs to shew cause why the Master should not review his taxation, on the ground that the...
Page 731 - ... or plaintiffs shall become nonsuited, or discontinue his, her, or their action or suit after the defendant or defendants shall have appeared, or if upon demurrer judgment shall be given against the plaintiff...
Page 103 - Martin afterwards obtained a rule calling on the plaintiff to shew cause why the...
Page 501 - 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 558 - ... or other game or games whatsoever, or by betting on the sides or hands of such as do...