A Treatise on Pleading, and Parties to Actions: With Second and Third Volumes, Containing Precedents of Pleadings, and an Appendix of Forms Adapted to the Recent Pleading and Other Rules, with Practical Notes, Volume 1G. & G. Merriam, 1859 - Forms (Law) |
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Page xxv
... writ , 450 to 455 to the form of the writ , 451 misnomer , ib . other pleas of this description , as non - joinder , 452 to the action of the writ , 453 of the forms and general qualities and requisites of pleas in abate- ment , 454 ...
... writ , 450 to 455 to the form of the writ , 451 misnomer , ib . other pleas of this description , as non - joinder , 452 to the action of the writ , 453 of the forms and general qualities and requisites of pleas in abate- ment , 454 ...
Page 33
... writ of error ( e ) , and if she marry after writ , and before plea , her coverture must be pleaded in abatement , and cannot be given in evidence under the gene- ral issue ( ƒ ) ( 2 ) . But when a feme improperly sues alone , having no ...
... writ of error ( e ) , and if she marry after writ , and before plea , her coverture must be pleaded in abatement , and cannot be given in evidence under the gene- ral issue ( ƒ ) ( 2 ) . But when a feme improperly sues alone , having no ...
Page 42
... writ of error if the defect appear on record , and it is not a ground of nonsuit ( e ) ( 3 ) . Where parties are ... writ or process has not been , or may not be served on all the defendants , and judgment may be obtained against those ...
... writ of error if the defect appear on record , and it is not a ground of nonsuit ( e ) ( 3 ) . Where parties are ... writ or process has not been , or may not be served on all the defendants , and judgment may be obtained against those ...
Page 58
... writ of error ( 4 ) ( 5 ) . If the contract were misdescribed as being that of the husband , the plaintiff would be nonsuited under the general issue at the trial , upon the ground of variance between the contract stated in the ...
... writ of error ( 4 ) ( 5 ) . If the contract were misdescribed as being that of the husband , the plaintiff would be nonsuited under the general issue at the trial , upon the ground of variance between the contract stated in the ...
Page 65
... writ of error ; although it appear upon the face of the declaration or other pleading of the plaintiff , that there is another party who ought to have joined ( ƒ ) ( 4 ) . And if one of the several part - owners of a chattel sue alone ...
... writ of error ; although it appear upon the face of the declaration or other pleading of the plaintiff , that there is another party who ought to have joined ( ƒ ) ( 4 ) . And if one of the several part - owners of a chattel sue alone ...
Other editions - View all
A Treatise on Pleading, and Parties to Actions: With Second and Third ... Joseph Chitty,Henry Greening,John A. Dunlap No preview available - 2017 |
A Treatise on Pleading, and Parties to Actions: With Second and Third ... Joseph Chitty,Henry Greening,John a Dunlap No preview available - 2018 |
Common terms and phrases
11 East 12 Johns 5thly action of trespass alleged ante assignee assumpsit averment bankrupt bill Bing Blackf breach Campb cause of action chattel Chit committed common counts common law Conn contract count Court covenant coverture Cowen Cowp damages declaration deed defendant defendant's demurrer detinue ejectment Eliz ex delicto executor Feme form of action Greenl Hamp held husband injury joinder joined joint jointly judgment land lease lessee lessor liable maintain Marsh Mass matter mesne profits Moore owner partners party Pick plaintiff plea Pleader pleading possession promise promissory note Rawle Raym recover remedy rent replevin rule Salk Saund Serg sheriff Smith statute Stra sued sufficient sumpsit supported sustainable Taunt tenant in common testator Tidd tion tort trespass trover verdict Vermont Vide Wend Wendell wife Wils writ
Popular passages
Page 344 - That upon all debts or sums certain payable at a certain time, or otherwise, the jury on the trial of any issue, or on any inquisition of damages, may, if they shall think fit, allow interest to the creditor, at a rate not exceeding the current rate of interest, from the time when such debts or sums certain were payable, if such debts or sums certain be payable by virtue of some written instrument at a certain time...
Page 555 - ... due on either side on the balance of such account and no more, shall be claimed or paid on either side respectively...
Page 90 - By that statute it was provided that ' whensoever from henceforth it shall fortune in the Chancery that in one case a writ is found, and in like case falling under like law and requiring like remedy is found none, the clerks of the Chancery shall agree in making the writ...
Page 66 - ... in his lifetime to another, in respect of his property, real or personal, so as such injury shall have been committed within six calendar months before such person's death, and so as such action shall be brought within six calendar months after such executors or administrators shall have taken upon themselves the administration of the estate and effects of such person...
Page 552 - that where there are mutual debts between the plaintiff and defendant, or if either party sue or be sued as executor or administrator, where there are mutual debts between the testator or intestate and either party, one debt may be set against the other...
Page 535 - ... ought not to have or maintain his aforesaid action against the defendant...
Page 256 - Middlesex, or any other county." From these observations it appears that the points as to venues may be considered practically, with reference, 1st. To where, or in what county, the venue is to be laid ; 2dly, How, and in what parts of the declaration, it is to be stated : and Bdly, The consequences of mistake and when they are aided.
Page 438 - That, in all actions upon bills of exchange or promissory notes, or other written instruments, any of the parties to which are designated by the initial letter or letters...
Page 130 - But •where from a given state of facts the law raises a legal obligation to do a particular act, and there is a breach of that obligation, and a consequential damage...
Page 518 - ... an act for the relief of debtors, with respect to the imprisonment of their persons.