Selwyn's Abridgment of the Law of Nisi Prius |
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Page 4
... rule in pleading that the plea must answer every material part of the declaration . If a plea begin with an answer to the whole , but in truth the matter pleaded be only an answer to part , the plea is bad and the plaintiff may demur ...
... rule in pleading that the plea must answer every material part of the declaration . If a plea begin with an answer to the whole , but in truth the matter pleaded be only an answer to part , the plea is bad and the plaintiff may demur ...
Page 29
... rule holds after indictment and conviction ( o ) . By 9 Geo . IV . c . 31 , s . 27 , persons convicted of unlawfully assaulting or beating , may be compelled , by two justices of the peace , to pay a fine and costs , not exceeding 5l ...
... rule holds after indictment and conviction ( o ) . By 9 Geo . IV . c . 31 , s . 27 , persons convicted of unlawfully assaulting or beating , may be compelled , by two justices of the peace , to pay a fine and costs , not exceeding 5l ...
Page 41
... Rules of Hilary Term , 1853 , it is provided , that such several counts " on the same cause of action , " and such ... rule or order has been made as to costs by the court or a judge , and on the trial there is more than one count ...
... Rules of Hilary Term , 1853 , it is provided , that such several counts " on the same cause of action , " and such ... rule or order has been made as to costs by the court or a judge , and on the trial there is more than one count ...
Page 43
... rule that assumpsit will not lie where there is a remedy of a higher nature ( c ) . The essential parts of every parol agreement are , the promise or undertaking of one party , and the consideration on which such promise or undertaking ...
... rule that assumpsit will not lie where there is a remedy of a higher nature ( c ) . The essential parts of every parol agreement are , the promise or undertaking of one party , and the consideration on which such promise or undertaking ...
Page 53
... rule are cases " of voidable con- tracts subsequently revived , of debts barred by operation of law subsequently revived , and of equitable and moral obligations which , but for some rule of law , would of themselves have been suf ...
... rule are cases " of voidable con- tracts subsequently revived , of debts barred by operation of law subsequently revived , and of equitable and moral obligations which , but for some rule of law , would of themselves have been suf ...
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Common terms and phrases
13 Vict 25 Vict acceptance acceptor act of bankruptcy action for money afterwards agreement amount assignees assumpsit attorney bank bankrupt bill of exchange Bingh bond breach brought Campb carrier cause of action common law consideration contract court court of equity covenant coverture creditor damages debt debtor declaration deed defendant defendant's delivered demand demised demurrer discharge drawer East entitled evidence Exch execution executor feme covert fendant given heir held husband indorser issue Jones judgment jury Kenyon land lease lessee lessor liable London Lord Lord Ellenborough Lord Mansfield marriage ment necessary non est factum notice paid party payable payment person petition plaintiff plea pleaded possession promise promissory note proved Railway Raym received recover rent Reports sect Smith stat statute sued sufficient suit Taunt tenant testator thereof tion trader verdict void wife
Popular passages
Page 197 - ... or upon any agreement that is not to be performed within the space of one year from the making thereof; unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith...
Page 463 - Where two parties have made a contract which one of them has broken, the damages which the other party ought to receive in respect of such breach of contract should be such as may fairly and reasonably be considered either arising naturally, ie, according to the usual course of things, from such breach of contract itself...
Page 463 - Now if the special circumstances under which the contract was actually made were communicated by the plaintiffs to the defendants, and thus known to both parties, the damages resulting from the breach of such a contract, which they would reasonably contemplate, would be the amount of injury which would ordinarily follow from a breach of contract under these special circumstances so known and communicated.
Page 197 - That no contract for the sale of any goods, wares, and merchandise, for the price of ten pounds sterling or upwards, shall be allowed to be good, except the buyer shall accept part of the goods so sold, and actually receive the same...
Page 156 - Contractor, Executor, or Administrator shall lose the Benefit of the said Enactments or either of them, so as to be chargeable in respect or by reason only of any written Acknowledgment or Promise made and signed by any other or others of them : Provided always, that nothing herein contained shall alter or take away or lessen the Effect of any Payment of any Principal or Interest made by any Person whatsoever...
Page 550 - The distinction is very clear, where mutual covenants go to the whole of the consideration on both sides, they are mutual conditions, the one precedent to the other. But where they go only to a part, where a breach may be paid for in damages, there the defendant has a remedy on his covenant, and shall not plead it as a condition precedent.
Page 553 - His lordship then proceeded to say that the dependence or independence of covenants was to be collected from the evident sense and meaning of the parties, and that however transposed they might be in the deed, their precedency must depend on the order of time in which the intent of the transaction requires their performance.
Page 163 - ... beyond the seas, that then such person or persons shall be at liberty to bring the same actions, so as they take the same •within such times as are before limited, after their coming to or being of full age, discovert, of sane memory, at large, and returned from beyond the seas, as other persons having no such impediment should have done (6).
Page 156 - Acts or this Act, as to One or more of such Joint Contractors, or Executors or Administrators, shall nevertheless be entitled to recover against any other or others of the Defendants, by virtue of a new Acknowledgment or Promise, or otherwise, Judgment may be given and Costs allowed for the Plaintiff as to such Defendant or Defendants against whom he shall recover, and for the other Defendant or Defendants against the Plaintiff.
Page 183 - Viet., c. 53, which respectively enact, that " no attorney or solicitor, nor any executor, administrator, or assignee of any attorney or solicitor, shall commence or maintain any action or suit for the recovery of any fees, charges, or disbursements for any business done by such attorney or solicitor...