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 2; Volume 55Henry Butterworth, 1837 - Civil procedure |
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Page 10
... ment . — This was an application for a mandamus to be directed to the church- wardens of Dursley , commanding them to make a rate , and take all necessary steps for the payment to Charles Bruce Warner , of the instalments remaining due ...
... ment . — This was an application for a mandamus to be directed to the church- wardens of Dursley , commanding them to make a rate , and take all necessary steps for the payment to Charles Bruce Warner , of the instalments remaining due ...
Page 15
... ment is made by a debt to another , There years SSUMPSIT on a promissory note , made in 1809 . Limitations . The parties were related by marriage , and the question was given in the year 1809 , on occasion of that marriage . were ...
... ment is made by a debt to another , There years SSUMPSIT on a promissory note , made in 1809 . Limitations . The parties were related by marriage , and the question was given in the year 1809 , on occasion of that marriage . were ...
Page 16
... ment was rested on the authority of a case of Tippetts v . Heane in the Ex- chequer , where Mr. Baron Parke held , and the other judges then concurred with him , that it must distinctly appear that the payment was made on account of the ...
... ment was rested on the authority of a case of Tippetts v . Heane in the Ex- chequer , where Mr. Baron Parke held , and the other judges then concurred with him , that it must distinctly appear that the payment was made on account of the ...
Page 17
... ment . The permission to the defendant to take the goods as an off - set against the legacy , was the mode by which the parties agreed that the de- fendant should be paid her legacy . Rule refused . VOL . II . C King's Bench . The ...
... ment . The permission to the defendant to take the goods as an off - set against the legacy , was the mode by which the parties agreed that the de- fendant should be paid her legacy . Rule refused . VOL . II . C King's Bench . The ...
Page 25
... ment , or hereditament . " So that by the use of the disjunctive , the word " hereditament " is completely separated from the rest of the words in the sentence , and must not be construed according to their signification . Sir W ...
... ment , or hereditament . " So that by the use of the disjunctive , the word " hereditament " is completely separated from the rest of the words in the sentence , and must not be construed according to their signification . Sir W ...
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Common terms and phrases
act of parliament action affidavit afterwards agreement Alkington appears application appointed arbitrator assumpsit attorney attornment authority award Bail Court Barn bill certiorari churchwardens circumstances claim clerk COLERIDGE commissioners costs debt declaration deed defendant delivered demurrer Dowl election entered entitled evidence execution fact fendant feoffment given granted ground held Inclosure Act indictment Inhabitants issue Jonah Smith judge judgment jurisdiction jury justices KING King's Bench land lease lessor liable LITTLEDALE Lord DENMAN mandamus matter ment nonsuit notice objection obtained opinion overseers paid parish party PATTESON pauper payment person plaintiff plea pleaded possession premises present proceedings proved Quarter Sessions quashed question recover referred refused rent repair replevin respect Rule absolute Rule discharged rule nisi sessions sheriff shew cause statute Statute of Frauds sufficient taken tenant term tion tithes trial trustees verdict vestry warrant WILLIAMS words writ
Popular passages
Page 213 - 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 384 - Justice, with Two sufficient Sureties, conditioned to try such Appeal at, and abide the Order of, and pay such Costs as shall be awarded by the Justices at such General or Quarter Sessions...
Page 461 - We do not see how a better test can be applied to the question whether reasonable or not than by considering whether the restraint is such only as to afford a fair protection to the interests of the party in favor of whom it is given, and not so large as to interfere with the interests of the public.
Page 4 - AB has duly and faithfully served under his articles of clerkship (or assignment, as the case may be), bearing date, &c. for the term therein expressed, and that he is a fit and proper person to be admitted an attorney.
Page 384 - Act, such person shall be at liberty to make his complaint thereof by appeal to the Justices of the Peace at the next general or quarter sessions of the Peace to be held for the county, riding, division, or place wherein the cause of such complaint shall arise, such appellant first giving to such Justices ten days...
Page 277 - 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 65 - That in all cases in which any particular number of days, not expressed to be clear days, is prescribed by the rules or practice of the courts, the same shall be reckoned exclusively of the first day and inclusively of the last day...
Page 222 - Peace, which shall first happen, and to abide the Order of and pay such Costs as shall be awarded by the Justices at such Quarter Sessions...
Page 128 - Judge's order, referred to arbitration, the costs of the cause to abide the event, and the costs of the reference and award to be at the discretion of the arbitrator.
Page 262 - ... findings of the court shall be entered in a book or books to be kept for that purpose, and known as the "Juvenile Record," and the court may for convenience be called the "Juvenile Court.