An Abridgment of the Law of Nisi Prius, Volumes 1-2 |
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Page 3
... sued as bai- liff , is answerable only for so much as he has actually received more than his just share and proportion . Per Willes , C. J. , delivering the opinion of the court in Wheeler v . Horn , Willes , 209 , 210 . ( 4 ) This ...
... sued as bai- liff , is answerable only for so much as he has actually received more than his just share and proportion . Per Willes , C. J. , delivering the opinion of the court in Wheeler v . Horn , Willes , 209 , 210 . ( 4 ) This ...
Page 4
... sued within six years next after the cause of action . If the defendant plead , that he was never receiver ( 0 ) , he cannot give in evidence a bailment to deliver to another person , and that he has delivered accordingly : for though ...
... sued within six years next after the cause of action . If the defendant plead , that he was never receiver ( 0 ) , he cannot give in evidence a bailment to deliver to another person , and that he has delivered accordingly : for though ...
Page 12
... sued within six years next after the cause of such action ; and actions of trespass , of assault , battery , wound- ing , and imprisonment within four years . It appears , from the language of the court in Cooke v . Sayer , 6 East , 388 ...
... sued within six years next after the cause of such action ; and actions of trespass , of assault , battery , wound- ing , and imprisonment within four years . It appears , from the language of the court in Cooke v . Sayer , 6 East , 388 ...
Page 36
... sued in one action , although they sever in pleas and issues , yet one jury shall assess damages for all ; and if all the issues are found for the plaintiff , the jurors ought not to sever the damages ; for , if they do , the verdict ...
... sued in one action , although they sever in pleas and issues , yet one jury shall assess damages for all ; and if all the issues are found for the plaintiff , the jurors ought not to sever the damages ; for , if they do , the verdict ...
Page 44
... sued , from whom satisfaction might have been obtained , and in respect to whom plaintiff may have been said to have ... suing by action ; for forbearance to sue , though the party is liable in equity only ( k ) , or desisting from a ...
... sued , from whom satisfaction might have been obtained , and in respect to whom plaintiff may have been said to have ... suing by action ; for forbearance to sue , though the party is liable in equity only ( k ) , or desisting from a ...
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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...