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 2
... present tense , that the deed is the deed of the plaintiffs , and must be taken to have reference to the time , not of the plea pleaded , but of issue joined , and at that time the deed had no existence . This view of the case is ...
... present tense , that the deed is the deed of the plaintiffs , and must be taken to have reference to the time , not of the plea pleaded , but of issue joined , and at that time the deed had no existence . This view of the case is ...
Page 3
... present tense , matter subsequent to the accruing of the cause of action might be given in evidence . Thesiger , contrà . - This question must undoubtedly be decided by the principles applicable before the new rules , which do not apply ...
... present tense , matter subsequent to the accruing of the cause of action might be given in evidence . Thesiger , contrà . - This question must undoubtedly be decided by the principles applicable before the new rules , which do not apply ...
Page 27
... presents , the like sum of 28. 9d . in the pound on the amount of the said debts by the promis- sory notes of the said E. B. at six months from the date of those presents , and the sum of 5s . 6d . in the pound on the amount of the said ...
... presents , the like sum of 28. 9d . in the pound on the amount of the said debts by the promis- sory notes of the said E. B. at six months from the date of those presents , and the sum of 5s . 6d . in the pound on the amount of the said ...
Page 45
... present action ; that the declaration discloses no new cause of action , arising after the bankruptcy , which would entitle the plaintiffs to maintain the present action , or deprive the defendant of his said set - off ; that the ...
... present action ; that the declaration discloses no new cause of action , arising after the bankruptcy , which would entitle the plaintiffs to maintain the present action , or deprive the defendant of his said set - off ; that the ...
Page 47
... present in this respect , that this is an action brought upon a contract entered into by the wife before the coverture . In Burrough v . Moss the husband had an election to sue in his own name or not . The cases on this subject were ...
... present in this respect , that this is an action brought upon a contract entered into by the wife before the coverture . In Burrough v . Moss the husband had an election to sue in his own name or not . The cases on this subject were ...
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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...