Reports of Cases Argued and Determined in the Court of King's Bench ... and in the Bail Court: With a Table of the Names of Cases and a Digest of the Principal Matters, Volume 1; Volume 55Henry Butterworth, 1836 - Civil procedure |
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Page 609
... pleading & c . , and issued against the plaintiff , and he was duly declared a bankrupt . Averment that afterwards , and ... pleaded to the plea stated with sufficient certainty , what was the nature of the causes of action , for and in ...
... pleading & c . , and issued against the plaintiff , and he was duly declared a bankrupt . Averment that afterwards , and ... pleaded to the plea stated with sufficient certainty , what was the nature of the causes of action , for and in ...
Page 610
... pleaded in bar of the action , cannot be pleaded in bar of the scire facias on the judgment ; Cooke v . Jones ( a ) . The bankruptcy of the plaintiff should have been pleaded puis darrein continuance . If that had been done , it might ...
... pleaded in bar of the action , cannot be pleaded in bar of the scire facias on the judgment ; Cooke v . Jones ( a ) . The bankruptcy of the plaintiff should have been pleaded puis darrein continuance . If that had been done , it might ...
Page 611
... pleading this very bankruptcy to the original action . Now there is no rule clearer , than that you cannot plead to a sci . fa . on a judgment , that which might have been pleaded in defence of the original action . I have looked into ...
... pleading this very bankruptcy to the original action . Now there is no rule clearer , than that you cannot plead to a sci . fa . on a judgment , that which might have been pleaded in defence of the original action . I have looked into ...
Page 612
... pleading it in defence , and it should have been pleaded ; -- the cases are numerous to that effect . Here the matter is left in uncertainty . Coleridge , J. — I concur with the rest of the Court , on this short ground , -the plaintiff ...
... pleading it in defence , and it should have been pleaded ; -- the cases are numerous to that effect . Here the matter is left in uncertainty . Coleridge , J. — I concur with the rest of the Court , on this short ground , -the plaintiff ...
Page 614
... pleaded payment of the sum of 201 . in full satisfaction and discharge of the said promises , as far as the same related to the said debt of 201. , and of all damages sustained by the plain- tiffs by reason of the non - performance ...
... pleaded payment of the sum of 201 . in full satisfaction and discharge of the said promises , as far as the same related to the said debt of 201. , and of all damages sustained by the plain- tiffs by reason of the non - performance ...
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Common terms and phrases
Act of Parliament action Adol affidavit afterwards agreement alleged allocatur amount appears application appointed assignees assumpsit attestation attorney award Bail Court Bank Bank of England bankrupt bankruptcy Barn bill Branch Bank certiorari claim Coleridge contended contract conviction costs count Court of Requests Cress custody damages debt declaration deed defendant demurrer discharged Dowl ejectment entitled evidence execution executor fact given granted ground Held highway Hungerford Market indenture indictment indorsed Interpleader issue judge judgment jurisdiction jury justices King's Bench land lease LITTLEDALE Lord DENMAN Lord Tenterden mandamus matter ment mortgage nonsuit notice nuisance objection occupiers opinion paid parish party PATTESON pauper payment person plaintiff plea pleaded possession premises question rent roads Rogers Rolph rule nisi Samuel Revell seal Sessions Sheriff show cause statute Statute of Anne sufficient tenant term tion trial verdict vessel witnesses words writ
Popular passages
Page 770 - ... the same shall be specially alleged and set forth in answer to the allegation of the party claiming, and shall not be received in evidence on any general traverse or denial of such allegation.
Page 700 - Demurrer joined, be judged insufficient. Costs shall be given at the Discretion of the Court, or if a Verdict shall be found upon any Issue in the said Cause for the Plaintiff or Demandant, Costs shall be also given in like Manner, unless the Judge who tried the said Issue shall certify, that the said Defendant or Tenant, or Plaintiff in Replevin had a probable Cause to plead such Matter, which upon the said Issue shall be found against him.
Page 774 - It seems, therefore, that the 'enjoyment as of right' must mean an enjoyment had, not secretly or by stealth, or by tacit sufferance, or by permission asked from time to time, on each occasion or even on many occasions of using it; but an enjoyment had openly, notoriously, without particular leave at the time, by a person claiming to use it without danger of being treated as a trespasser, as a matter of right, whether strictly legal, by prescription and adverse user or by deed conferring the right,...
Page 687 - Defendant afterwards, under leave, reserved at the trial, moved for and obtained a rule to show cause why the verdict should not be set aside...
Page 717 - ... to commit the offender to the common gaol or house of correction, there to be imprisoned only, or to be imprisoned and kept to hard labour...
Page 770 - ... such period of twenty years ; but nevertheless such claim may be defeated in any other way by which the same is now liable to be defeated...
Page 646 - Pleas, calling upon the plaintiff to show cause why the verdict should not be set aside...
Page 638 - Exchequer, respectively, together with sixteen attorneys or solicitors, be appointed by a rule of court in every year, to be examiners for one year, any five of whom (one whereof to be one of the said masters...
Page 715 - Majesty's superior courts of record ; and no warrant of commitment shall be held void by reason of any defect therein, provided it be therein alleged that the party has been convicted, and there be a good and valid conviction to sustain the same.
Page 770 - Act, it would have been necessary to allege the right to have existed from time immemorial, it shall be sufficient to allege the enjoyment thereof as of right by the occupiers of the tenement, in respect whereof the same is claimed, for and during such of the periods mentioned in...