Reports of Cases Argued and Determined in the English Courts of Common Law: With Tables of the Cases and Principal Matters, Volume 61T. & J.W. Johnson, 1869 - Law reports, digests, etc |
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Page 386
... pleading such payment , and if it be not pleaded , the defendant cannot avail himself of it at the trial . DEBT for goods sold , with a count upon an account stated . - Plea , except as to £ 42 , nunquam indebitatus ; and , as to that ...
... pleading such payment , and if it be not pleaded , the defendant cannot avail himself of it at the trial . DEBT for goods sold , with a count upon an account stated . - Plea , except as to £ 42 , nunquam indebitatus ; and , as to that ...
Page 387
... pleading , which are , that you must plead payment in all cases except those in which such a plea is dis- pensed with under the rule of Trinity Term , 1 Vict . By that rule it is ordered , that , " in any case in which the plaintiff ...
... pleading , which are , that you must plead payment in all cases except those in which such a plea is dis- pensed with under the rule of Trinity Term , 1 Vict . By that rule it is ordered , that , " in any case in which the plaintiff ...
Page 388
... plead the payment of such sum or sums of money ; but this rule is not to be applied to cases where the plaintiff , after ... pleaded in bar . " I think that that rule does not apply to an account merely referred to as this is in the ...
... plead the payment of such sum or sums of money ; but this rule is not to be applied to cases where the plaintiff , after ... pleaded in bar . " I think that that rule does not apply to an account merely referred to as this is in the ...
Page 390
... pleaded , that the plaintiff was beating " a certain boy whose name is to the defendants unknown , " and that the defendants , to prevent his beating " the said boy , " quietly laid their hands on him . Replication , that " the said boy ...
... pleaded , that the plaintiff was beating " a certain boy whose name is to the defendants unknown , " and that the defendants , to prevent his beating " the said boy , " quietly laid their hands on him . Replication , that " the said boy ...
Page 391
... pleaded to the replication of the plaintiff by the plaintiff above replied , to the plea of the defendants lastly above pleaded as to the said several tres- passes in the said declaration mentioned , except as to such part of the said ...
... pleaded to the replication of the plaintiff by the plaintiff above replied , to the plea of the defendants lastly above pleaded as to the said several tres- passes in the said declaration mentioned , except as to such part of the said ...
Contents
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381 | |
386 | |
390 | |
399 | |
407 | |
418 | |
422 | |
710 | |
712 | |
727 | |
742 | |
748 | |
760 | |
763 | |
766 | |
424 | |
468 | |
478 | |
505 | |
539 | |
546 | |
574 | |
577 | |
578 | |
588 | |
594 | |
600 | |
601 | |
627 | |
631 | |
644 | |
648 | |
656 | |
686 | |
694 | |
707 | |
782 | |
789 | |
810 | |
816 | |
824 | |
837 | |
858 | |
872 | |
918 | |
934 | |
938 | |
1013 | |
1018 | |
1021 | |
1038 | |
1043 | |
1050 | |
1056 | |
1057 | |
1066 | |
1069 | |
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Common terms and phrases
act of Parliament action afterwards ALDERSON alleged Alliston answer appeared assault ASSIZES assumpsit attorney authority Baron BARON POLLOCK Benjamin Gott bill of exchange borough Byles cause charged churchwardens clerk committed contended contract conviction county aforesaid Court CRESSWELL custody damage deceased declaration deed deeds of transfer defendant defendant's defraud delivered distrain endorsement entitled ERLE evidence fact false Felicidade felony fifteen Judges forged forgery guardians guilty held indictment John jurisdiction jury Justice land larceny last-mentioned letter liable Lord Chief Lord Coke Lord DENMAN Loscombe magistrate malice aforethought marriage ment murder oath objected offence paid parish aforesaid party PATTESON payment person plaintiff plea pleaded POLLOCK possession premises present prosecution prosecutor proved question receipt received REGINA rent Richard Prosser ROLFE Serjt servant stat statute submit sufficient taken thereof tion trial verdict vessel Vict wilfully William witness
Popular passages
Page 827 - Be it therefore enacted, that whensoever the death of a person shall be caused by wrongful act, neglect or default, and the act, neglect or default is such as would (if death had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof, then and in every such case the person who would have been liable if death had not ensued shall be liable to an action for damages, notwithstanding the death of the person injured, and although the death shall have been...
Page 827 - ... may give such damages as they may think proportioned to the injury resulting from such death to the parties respectively for whom and for whose benefit such action shall be brought ; and the amount so recovered, after deducting the costs not recovered from the defendant, shall be divided amongst the before-mentioned parties in such shares as the jury by their verdict shall find and direct.
Page 649 - That no will shall be valid unless it shall be in writing and executed in manner herein-after mentioned ; (that is to say,) it shall be signed at the foot or end thereof by the testator, or by some other person in his presence and by his direction; and such signature shall be made or acknowledged by the testator in the presence of two or more witnesses present at the same time, and such witnesses shall attest and shall subscribe the will in the presence of the testator, but no form of attestation...
Page 938 - Queen there inhabiting and being, and to the evil example of all others in like case offending, and against the form of the statutes in such case made and provided, and against the peace of our Lady the Queen, her Crown and dignity.
Page 851 - Having heard the evidence, do you wish to say anything in answer to the charge ? You are not obliged to say anything unless you desire to do so, but whatever you say will be taken down in writing, and may be given in evidence...
Page 475 - ... be paid into the Bank of England in the name and with the privity of the Accountant-General of...
Page 533 - And be it further enacted, that no claim which may be lawfully made at the common law by custom, prescription, or grant to any way or other easement, or to any watercourse or the use of any water...
Page 513 - ... cause the same to be delivered, to the proper officer of the court in which the trial is to be had...
Page 446 - Kiel, against the form of the Statute in such case made and provided and against the peace of Our said Lady the Queen, her Crown and dignity.
Page 555 - Person so offending shall be guilty of Felony, and being convicted thereof shall be liable, at the Discretion of the Court, to be transported beyond the Seas for the Term of his or her natural Life, or for any Term not less than Seven Years, or to be imprisoned for any Term not exceeding Two Years, with or without hard Labour, as the Court shall direct.