Cases in the Court of Common Pleas and Exchequer Chamber [1834-1840].S. Sweet, 1836 - Law reports, digests, etc |
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Page 54
... matter in bar of the action . The like observation applies to the 6th and 13th pleas , on which the other issues are raised : and more particularly to the 12th , which does not aver that the plaintiff's had no- tice that Bigg had any ...
... matter in bar of the action . The like observation applies to the 6th and 13th pleas , on which the other issues are raised : and more particularly to the 12th , which does not aver that the plaintiff's had no- tice that Bigg had any ...
Page 61
... matter to be treated ? It may be said that the issue tendered by the defendant virtually includes notice ; and , first , on the ground that the words " modo et formâ " embrace the notice . But I think not : the notice is a substantive ...
... matter to be treated ? It may be said that the issue tendered by the defendant virtually includes notice ; and , first , on the ground that the words " modo et formâ " embrace the notice . But I think not : the notice is a substantive ...
Page 79
... matter . If I speak of an heir applied to Borough English lands , I speak of the youngest son : if I speak of an heir in Kent , gavelkind : if I speak of the heir general , or an heir in tail , they all take by descrip- tion from the ...
... matter . If I speak of an heir applied to Borough English lands , I speak of the youngest son : if I speak of an heir in Kent , gavelkind : if I speak of the heir general , or an heir in tail , they all take by descrip- tion from the ...
Page 85
... matter upon the imperfection of the argument urged on behalf of the lessors of the plain- tiff ; for , they undertake to shew , on the behalf of the defendant , nega- tively , that the lessors of the plaintiff cannot be the persons ...
... matter upon the imperfection of the argument urged on behalf of the lessors of the plain- tiff ; for , they undertake to shew , on the behalf of the defendant , nega- tively , that the lessors of the plaintiff cannot be the persons ...
Page 131
... matter . any court : nor will the court exer- cise its sum- mary jurisdic- tion over an officer , unless in a case of Godson , in support of his rule , contended , that , inas- palpable fraud . much as the names of all attornies of the ...
... matter . any court : nor will the court exer- cise its sum- mary jurisdic- tion over an officer , unless in a case of Godson , in support of his rule , contended , that , inas- palpable fraud . much as the names of all attornies of the ...
Common terms and phrases
action affidavit aforesaid agreement alleged annuity appears appointed assigns assumpsit attorney bankrupt bankruptcy Bigg bill bond BURNELL cause charge chattels claim collector commissioners contract copyhold costs court covenant creditors damages dant debt decease declaration deed defendant defendant's delivered demand devise discharged Doubtfire entitled evidence executors fact fendant Frances Brooke GASELEE given granted ground GWYNNE heir at law held Hilary Term HUNGERFORD MARKET indenture intended issue James Selby judge judgment jury lands lease leasehold leasehold estates lessor libel Lord maliciously manor ment mentioned messuages nonsuit notice opinion paid parish party payment person plaintiff plea pleaded possession premises proviso question received receiver-general recover rent replication respect seize Serjeant sheriff shew sold statute surety tenant term testator testator's thereof tiff TINDAL tion tithes trial trust Upper Horton Wavendon William Lowndes words writ writ of right writ of summons
Popular passages
Page 760 - And by s. 2, it is enacted, that no person shall make an entry or distress, or bring an action to recover any land or rent, but within twenty years next after the time at which the right to make such entry or distress or to bring such action shall have first accrued to some person through whom he claims...
Page 755 - December, 1833, no person shall make an entry or distress, or bring an action to recover any land or rent, but within twenty years next after the time at which the right to make such entry or distress or to bring such action shall have first accrued to some person through whom he claims...
Page 756 - ... when the person claiming such land or rent, or some person through whom he claims, shall, in respect of the estate or interest claimed, have been in possession or in receipt of the profits of such land, or in the receipt of such rent...
Page 761 - ... interest in possession, granted, appointed, or otherwise assured, by any instrument (other than a will,) to him, or some person through whom he claims, by a person being, in respect of the same estate or interest in the possession or receipt of the profits of the land or in the receipt of the rent...
Page 772 - London, (the act of God, the queen's enemies, fire, and all and every other dangers and accidents of the seas, rivers, and navigation, of whatever nature and kind soever, excepted,) unto order or to assigns, he or they paying freight for the said goods at 51.
Page 758 - December, 1833, no arrears of rent or of interest in respect of any sum of money charged upon or payable out of any land or rent, or in respect of any legacy or any damages in respect of such arrears of rent or interest, shall be recovered by any distress, action, or suit, but within six years next after the same respectively shall have become due...
Page 757 - Who shall have been in such possession or receipt, then such right shall be deemed to have first accrued at the time of such death ; and when the person claiming such laud or rent shall claim in respect of an estate or interest in possession...
Page 756 - ... the right to make such entry or distress, or to bring such action, shall have first accrued to the person making or bringing the same.
Page 783 - When a ship is driven on shore, it is the duty of the master either to repair his ship, or to procure another ; and having performed the voyage, he is then entitled to his freight : but he is not entitled to the whole freight, unless he perform the whole voyage, except in cases where the owner of the goods prevents him ; (1) nor is he entitled pro rata unless under a new agreement.
Page 679 - In such cases the occasion prevents the inference of malice, which the law draws from unauthorized communications, and affords a qualified defence depending upon the absence of actual malice. If fairly warranted by any reasonable occasion or exigency, and honestly made, such communications are protected for the common convenience and welfare of society ; and the law has not restricted the right to make them within any narrow limits.