An Abridgment of the Law of Nisi Prius, Volumes 1-2 |
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Results 1-5 of 100
Page 6
... ground , that a release , and the having fully accounted , are total extinctions of the right of action ( b ) , of which the court is to judge ; and even in these cases they must be pleaded specially , and cannot be given in evidence on ...
... ground , that a release , and the having fully accounted , are total extinctions of the right of action ( b ) , of which the court is to judge ; and even in these cases they must be pleaded specially , and cannot be given in evidence on ...
Page 8
... ground that the action was misconceived , and should have been trespass , and not case , the court overruled the demurrer ; Lord Abinger , C. B. , observing , that the question is not , whether trespass will lie , but whether case will ...
... ground that the action was misconceived , and should have been trespass , and not case , the court overruled the demurrer ; Lord Abinger , C. B. , observing , that the question is not , whether trespass will lie , but whether case will ...
Page 15
... ground of the invalidity of any marriage , by reason that it was solemnized without such consent , shall not be affected by this act , although no sentence or judgment has been pronounced in any court against the validity of such . This ...
... ground of the invalidity of any marriage , by reason that it was solemnized without such consent , shall not be affected by this act , although no sentence or judgment has been pronounced in any court against the validity of such . This ...
Page 20
... ground , inasmuch as there was a contract per verba de præsenti , which contracts were binding on the parties before Lord Hardwicke's act , which did not affect the present case , this being a marriage beyond seas , and because the ...
... ground , inasmuch as there was a contract per verba de præsenti , which contracts were binding on the parties before Lord Hardwicke's act , which did not affect the present case , this being a marriage beyond seas , and because the ...
Page 28
... ground that the latter might mean that the defendant committed so many different assaults on the different days , admitting , however , that the distinction was very nice . This distinction certainly was not ad- verted to by the court ...
... ground that the latter might mean that the defendant committed so many different assaults on the different days , admitting , however , that the distinction was very nice . This distinction certainly was not ad- verted to by the court ...
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Common terms and phrases
acceptance acceptor act of bankruptcy action brought action for money afterwards agreement alleged appear assignees assumpsit attorney averred bankrupt bill of exchange Bingh bond breach Campb cause of action cited commission common law consideration contract court court of equity covenant coverture creditor damages declaration deed defendant pleaded defendant's delivered demand demised demurrer discharge drawer East Eliz entitled evidence execution executor feme feme covert given heir holden indenture indorser issue Jones judgment jury land lease lessee lessor liable Lord Ellenborough Lord Kenyon Lord Mansfield marriage ment necessary non est factum notice opinion paid party payable payee payment person plaintiff plea possession promise promissory note proved received recover rent right of common rule Salk sect sheriff Smith stat statute sued sufficient sum of money Taunt tenant term testator thereof trade trespass usury verdict void writ
Popular passages
Page 172 - ... 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 481 - 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 140 - 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 575 - ... and other payments, according to the time which shall have elapsed from the commencement or last period of payment thereof respectively (as the case may be) including the day of the death of such person, or of the determination of his or her interest...
Page 173 - ... be actually made, procured, or provided, or fit or ready for delivery, or some act may be requisite for the making or completing thereof, or rendering the same fit for delivery...
Page 493 - Variance shall appear between any Matter in Writing or in Print produced in Evidence and the Recital or setting forth thereof upon the Record...
Page 266 - ... in the same manner as if the action had been brought by and in the name of the deceased.
Page 139 - 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 377 - ... of any description, trinkets, bills, notes of the governor and company of the Banks of England, Scotland, and Ireland respectively, or of any other bank...
Page 197 - ... or make or cause to be made either within this realm, or elsewhere, any fraudulent grant or conveyance of any of his lands, tenements, goods, or chattels...