Selwyn's Abridgment of the Law of Nisi Prius |
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Page cv
... Statute of Limitations . ] A petition to the Court of Bankruptcy , signed by the bankrupt , is not such an acknowledgment of a debt con- tained in the schedule to such petition as will take the case out of the statute ; Everett v ...
... Statute of Limitations . ] A petition to the Court of Bankruptcy , signed by the bankrupt , is not such an acknowledgment of a debt con- tained in the schedule to such petition as will take the case out of the statute ; Everett v ...
Page 2
... statute only empowered the plaintiff to charge the defendant as bailiff ; but as the plaintiff had gone further , and charged the defendant as receiver , he ought to have shown by whose hands he received the money , as was required by ...
... statute only empowered the plaintiff to charge the defendant as bailiff ; but as the plaintiff had gone further , and charged the defendant as receiver , he ought to have shown by whose hands he received the money , as was required by ...
Page 7
... statute , 20 & 21 Vict . c . 85 , came into operation , the only remedy which the law afforded was an action , whereby the husband recovered against the adulterer a compensation in damages for the loss of the society , comfort and ...
... statute , 20 & 21 Vict . c . 85 , came into operation , the only remedy which the law afforded was an action , whereby the husband recovered against the adulterer a compensation in damages for the loss of the society , comfort and ...
Page 14
... statute shall not affect any act done before the 22nd of July , 1822 , under the authority of any court , or in the administration of any personal estate , or the execution of any will , or performance of any trust ( e ) . The remaining ...
... statute shall not affect any act done before the 22nd of July , 1822 , under the authority of any court , or in the administration of any personal estate , or the execution of any will , or performance of any trust ( e ) . The remaining ...
Page 18
... statute , that if a man marry his de- ceased wife's sister , and in the latter's lifetime marry another woman , he cannot be indicted for bigamy , inasmuch as the mar- riage with his deceased wife's sister was void ( 2 ) ; and that the ...
... statute , that if a man marry his de- ceased wife's sister , and in the latter's lifetime marry another woman , he cannot be indicted for bigamy , inasmuch as the mar- riage with his deceased wife's sister was void ( 2 ) ; and that the ...
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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...