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abatement action alleged ante appear assignee assumpsit aver bill Bing bond breach brought Campb cause of action claim committed common consideration considered contract count Court covenant damages debt declaration deed defendant demand demurrer East edit entitled evidence execution executor express fact give given ground held husband injury instances interest issue Johns joined judgment land liable maintain Mass matter ment merely Moore nature necessary notice particular party payment performance person Pick plaintiff plea pleaded Pleader possession promise proper proved received record recover remedy rent replication respect rule Saund Smith statement statute sued sufficient suit taken Taunt tenant term Tidd tion tort traverse trespass trover unless Vide Wend whole wife Wils writ
Page 355 - 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 be payable by virtue of some written instrument, at a certain time...
Page 555 - ... wherefore he prays judgment, if the said plaintiff ought to have or maintain his aforesaid action thereof against him, &c.
Page 551 - ... says that the said plaintiff ought not to have or maintain his aforesaid action thereof against him, because he says that before the said time when, etc., in the said declaration mentioned, to wit.
Page 70 - ... an action of trespass, or trespass on the case, as the case may be, may be maintained against the executors or administrators of any person deceased, for any wrong committed by him in his lifetime to another, in respect of his property, real or personal, so as such injury shall have been committed within six calendar months before such person's death, and so as such action shall be brought within six calendar months after such executors or administrators shall have taken upon themselves the administration...
Page 567 - that where there are mutual debts between the plaintiff and defendant, or if either party sue or be sued as executor or administrator, where there are mutual debts between the testator or intestate and either party, one debt may be set against the other...
Page 317 - ... as if no such variance had appeared; and in case such trial shall be had at nisi prius...
Page 297 - The first count of the declaration, upon which alone the question arises, stated that, in consideration that the plaintiff, at the request of the defendant, had bought of the defendant a horse for the sum of £30, the defendant promised that it was sound and free from vice.
Page 240 - The name of a county shall in all cases be stated in the margin of a declaration, and shall be taken to be the venue intended by the plaintiff, and no venue shall be stated in the body of the declaration, or in any subsequent pleading.
Page 317 - Indictment or information for any misdemeanor, when any variance shall appear between any matter in writing or in print produced in evidence, and the recital or setting forth thereof upon the record whereon the trial is pending to be forthwith amended in such particular by some officer of the court, on payment of such costs (if any) to the other party as such court or judge shall think reasonable...