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
... proving it by the subscribing witness , and that the replication of non est factum had reference to the date of the plea ... proved at the trial , would not have entitled them to the verdict . The issue taken by the rejoinder is in the ...
... proving it by the subscribing witness , and that the replication of non est factum had reference to the date of the plea ... proved at the trial , would not have entitled them to the verdict . The issue taken by the rejoinder is in the ...
Page 4
... proving a release : and there- fore that the issue is proved by the production of a deed ( a ) 2 H. Bl . 259 . ( b ) 8 M. & W. 751 . ( c ) 9 Ad . & E. 292 ; 1 P. & D. 287 . ( d ) 4 East , 585 . ( e ) 3 T. R. 153 , n . ( f ) 1 Ves . sen ...
... proving a release : and there- fore that the issue is proved by the production of a deed ( a ) 2 H. Bl . 259 . ( b ) 8 M. & W. 751 . ( c ) 9 Ad . & E. 292 ; 1 P. & D. 287 . ( d ) 4 East , 585 . ( e ) 3 T. R. 153 , n . ( f ) 1 Ves . sen ...
Page 17
... proved to be ) by an agreement dated the 22nd October , 1828 ; whereby W. Beard , in consideration of the rent , covenants , and agreements thereinafter mentioned , did promise and agree with the said J. Knott & W. Knott , their ...
... proved to be ) by an agreement dated the 22nd October , 1828 ; whereby W. Beard , in consideration of the rent , covenants , and agreements thereinafter mentioned , did promise and agree with the said J. Knott & W. Knott , their ...
Page 24
... proved a demise at a rent certain , which is necessary to satisfy the terms of the statute , he could not be entitled to succeed , unless he shewed an enjoyment of the same sub- ject - matter in respect of which the rent was to be ...
... proved a demise at a rent certain , which is necessary to satisfy the terms of the statute , he could not be entitled to succeed , unless he shewed an enjoyment of the same sub- ject - matter in respect of which the rent was to be ...
Page 25
... proved occupation for so long a period , had gone on to prove a payment of a rent certain , from which a tenancy from year to year might have been inferred , the case would have been different ; but in the absence of any such evidence ...
... proved occupation for so long a period , had gone on to prove a payment of a rent certain , from which a tenancy from year to year might have been inferred , the case would have been different ; but in the absence of any such evidence ...
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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...