Reports of Cases Argued and Determined in the Queen's Bench Practice Court: With the Points of Pleading and Practice Decided in the Courts of Common Pleas and Exchequer; from Easter Term, 1843 to [Michaelmas Term, 1849], Part 145, Volume 1S. Sweet, 1845 - Civil procedure |
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Page 2
... motion was made in this Court , by the defendant , with a view to set aside the trial and verdict on various grounds of informality alleged to exist in the Nisi Prius record . Cause was shewn against that rule on the 13th of June , and ...
... motion was made in this Court , by the defendant , with a view to set aside the trial and verdict on various grounds of informality alleged to exist in the Nisi Prius record . Cause was shewn against that rule on the 13th of June , and ...
Page 3
... motion , and the present rule was accordingly obtained on Monday , the 17th of November . It further appeared , upon the face of the affidavits , that the plaintiff had not surrendered to the fiat issued on the 25th of January , 1842 ...
... motion , and the present rule was accordingly obtained on Monday , the 17th of November . It further appeared , upon the face of the affidavits , that the plaintiff had not surrendered to the fiat issued on the 25th of January , 1842 ...
Page 4
... motion like this , for he might dispute the question of bankruptcy before a jury . An audita querela must be between the parties to the record , but here , to question the sufficiency of the answer of the defendant , new parties must be ...
... motion like this , for he might dispute the question of bankruptcy before a jury . An audita querela must be between the parties to the record , but here , to question the sufficiency of the answer of the defendant , new parties must be ...
Page 12
... motion , not- withstanding the general rule , that where a party has elected to be nonsuited , he cannot afterwards seek to set that nonsuit aside , and he drew a distinction between the case of a nonsuit upon the evidence , and a ...
... motion , not- withstanding the general rule , that where a party has elected to be nonsuited , he cannot afterwards seek to set that nonsuit aside , and he drew a distinction between the case of a nonsuit upon the evidence , and a ...
Page 16
... motion . CRESSWELL , J. — I also am of opinion that this rule must be discharged . It appears that the Lord Chief Justice left the case to the jury , directing them to find for the defendant , if they were of opinion that the defendant ...
... motion . CRESSWELL , J. — I also am of opinion that this rule must be discharged . It appears that the Lord Chief Justice left the case to the jury , directing them to find for the defendant , if they were of opinion that the defendant ...
Other editions - View all
Reports of Cases Argued and Determined in the Queen's Bench ..., Volume 6 Great Britain Court of Exchequer No preview available - 2015 |
Reports of Cases Argued and Determined in the Queen's Bench ..., Volume 6 Great Britain Court of Exchequer No preview available - 2015 |
Common terms and phrases
act of bankruptcy action affidavit aforesaid alleged allocatur amend amount appeared application arbitrator arrest assignees assumpsit attorney authority averment award bankrupt bankruptcy bill brought CARTWORTH commencement committed contract costs Court creditor custody damages debt defendant defendant pleaded defendant's delivered demurrer detinue Dowl entered entitled evidence execution fact fendant fiat fieri facias given granted ground held Hilary Term indorsed issue judgment jurisdiction jury justices letters patent liable Lord Abinger Lord Denman matter ment motion nonsuit notice objection paid Parke party Patteson payment person plaintiff plea premises present proceedings public officer question recovered referred refused REGINA replication respect Rule absolute Rule discharged rule nisi scire facias Serjt sheriff shewed cause signed statute sued sufficient suit taken Term thereof Tindal traverse trespass trial trover verdict Vict voir dire warrant of attorney WIGHTMAN writ writ of summons
Popular passages
Page 298 - ... the defendant or defendants in such issue"1 action or suit, shall and may plead the general issue, and give this act, and the special matter, in evidence at any trial to be had thereupon, and that the same was done in pursuance and by the authority of this act...
Page 423 - that no creditor having security for his debt, or having made any attachment in London, or any other place, by virtue of any custom there used, of the goods and chattels of the bankrupt, shall receive upon any such security or attachment more than a rateable part of such debt, except in respect of any execution or extent served and levied by seizure upon, or any mortgage of or lien upon any part of the property of such bankrupt before the bankruptcy...
Page 1000 - ... unless the judge or presiding officer before whom such verdict shall be obtained shall immediately afterwards certify on the back of the record, or on the writ of trial or writ of inquiry, that the action was really brought to try a right besides the mere right to recover damages for the trespass or grievance for which the action shall have been brought, or that the trespass or grievance in respect of which the action was brought was wilful and malicious.
Page 408 - And be it further enacted, that this act shall be deemed and taken to be a public act, and shall be judicially taken notice of as such by all judges, justices, and others, without being specially pleaded.
Page 450 - AB, as for his costs and charges by him about his suit in that behalf expended...
Page 414 - ... court, as well the party issuing such process, as the party making such claim ; and thereupon to exercise, for the adjustment of such...
Page 482 - NOW THESE PRESENTS WITNESS and it is hereby agreed and declared by and between the parties hereto as follows: Art.
Page 456 - ... lawful for every such registered proprietor to assign his interest, or any portion of his interest therein, by making entry in the said book of registry of such assignment, and of the name and place of abode of the assignee thereof...
Page 200 - ... that no sufficient distress was to be found on the demised premises countervailing the arrears then due, and that the lessor had power to re-enter...
Page 718 - 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 is a good and valid conviction to sustain the same.