A Treatise on Pleading, and Parties to Actions, with Second and Third Volumes, Containing Precedents of Pleadings, and an Appendix of Forms Adapted to the Recent Pleading and Other Rules: With Practical Notes ...G. & C. Merriam, 1872 - Forms (Law) |
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Page xxviii
... plea of right of way with carriages , cattle , and on foot , if traversed , shall be considered distributive , and the proof of either shall pro tanto entitle the defendant to a verdict , 520 5 , so in plea of right of common , if ...
... plea of right of way with carriages , cattle , and on foot , if traversed , shall be considered distributive , and the proof of either shall pro tanto entitle the defendant to a verdict , 520 5 , so in plea of right of common , if ...
Page 227
... plea of outlawry , the defendant cannot state several outlawries , because one ED . would be sufficient to defeat the action ( b ) ; and on the same ground there cannot be a demurrer and a plea to the same part of a declaration or plea ...
... plea of outlawry , the defendant cannot state several outlawries , because one ED . would be sufficient to defeat the action ( b ) ; and on the same ground there cannot be a demurrer and a plea to the same part of a declaration or plea ...
Page 437
... plea was formerly frequent and sometimes necessary ( i ) ; but it was not usual in framing a plea or replication to state in imparlance separately , unless some new matter has arisen since the former pleading when it was proper ( k ) ...
... plea was formerly frequent and sometimes necessary ( i ) ; but it was not usual in framing a plea or replication to state in imparlance separately , unless some new matter has arisen since the former pleading when it was proper ( k ) ...
Page 442
... plea in abatement ( o ) . And it has been recently decided that where a public statute for erecting a Court of inferior jurisdiction enacts that no action for any debt not amounting to 40s . , & c . and recoverable by that act , shall ...
... plea in abatement ( o ) . And it has been recently decided that where a public statute for erecting a Court of inferior jurisdiction enacts that no action for any debt not amounting to 40s . , & c . and recoverable by that act , shall ...
Page 448
... plea in bar of her coverture , or a plea in replevin that she had no property in her goods ( x ) . But where the feme was legally interested before or during her coverture in the sub- ject - matter of the action and might properly join ...
... plea in bar of her coverture , or a plea in replevin that she had no property in her goods ( x ) . But where the feme was legally interested before or during her coverture in the sub- ject - matter of the action and might properly join ...
Common terms and phrases
11 East 12 John abatement action of trespass alleged assignee assumpsit averment bankrupt bill Bing Blackf breach Campb cause of action chattel Chitty chose in action committed common law Conn contract count Court covenant coverture Cowen Cowp damages declaration deed defendant demurrer detinue Dowl ejectment Eliz entitled ex delicto executor Feme form of action Greenl Hamp held husband injury join joint jointly judgment land latter lease lessee lessor liable maintain Mass mesne profits Moore owner partners party person Pick plaintiff plea Pleader pleading possession promise promissory note Raym recover remedy rent replevin rule Salk Saund Serg sheriff Smith statute Stra sued suit supported sustainable Taunt tenant in common testator Tidd tion tort trespass trover venue verdict Vermont Vide Wend wife Wils writ
Popular passages
Page 560 - 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 315 - ... as if no such variance had appeared; and in case such trial shall be had at nisi prius...
Page 26 - ... choice, allow the name of the surviving or new assignee or assignees to be substituted in the place of the former ; and such action or suit shall be prosecuted in the name or names of the said surviving or new assignee or assignees, in the same manner as if he or they had originally commenced the same.
Page 68 - ... 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...
Page 561 - ... judgment shall be entered for no more than shall appear to be truly and justly due to the plaintiff, after one debt being set against the other as aforesaid.
Page 340 - Deed, to recover a reasonable Satisfaction for the Lands. Tenements or Hereditaments, held or occupied by the Defendant or Defendants, in an Action on the Case, for the Use and Occupation of what was so held or enjoyed...
Page 195 - In a declaration on the case, one count stated that the plaintiff, at the request of the defendant, had caused to be delivered to him certain...
Page 563 - ... before the credit given to or the debt contracted by him ; and what shall appear due on either side on the balance of such account, and no more, shall be claimed or paid on either side respectively ; and every debt or demand hereby made...
Page 229 - The principal rule as to the mode of stating the facts is, that they must be set forth with certainty, by which term is signified a clear and distinct statement of the facts which constitute the cause of action or ground of defense, so that they may be understood by the party who is to answer them, by the jury who are to ascertain the truth of the allegations, and by the court who are to give judgment.
Page 314 - Prius record to be amended whore there was a variance '' between any matter in writing or in print produced in evidence, and the recital or setting forth thereof upon the record;