A Digest of the Laws of England, Volume 6Collins & Hannay, 1825 - Law |
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Page 14
... averment that they were so acting , but it by no means follows that , there being no such averments , the condition ... averment must be kept clearly in view . If it existed it ought to have been averred in the complaint . But the fact ...
... averment that they were so acting , but it by no means follows that , there being no such averments , the condition ... averment must be kept clearly in view . If it existed it ought to have been averred in the complaint . But the fact ...
Page 48
... averment that the principal had failed to pay the money or ren- der his body to prison . There is no such express averment in the scire facias , and the questions then are , was such an averment neces- sary ? and if it is , is there no ...
... averment that the principal had failed to pay the money or ren- der his body to prison . There is no such express averment in the scire facias , and the questions then are , was such an averment neces- sary ? and if it is , is there no ...
Page 3
... averment is to take away the jurisdiction of this Court , which you have conceded and granted , and so to go back [ from your admission ] . Besides , whereas we had the plea removed because of the King's charter , you [ by counting ] ...
... averment is to take away the jurisdiction of this Court , which you have conceded and granted , and so to go back [ from your admission ] . Besides , whereas we had the plea removed because of the King's charter , you [ by counting ] ...
Page 47
... averment could do no harm if a plaintiff wanted to use it . In all such cases the action was on a tort , and is on a tort to - day , the only difference being that the averments of assumpsit and public or common calling have ceased to ...
... averment could do no harm if a plaintiff wanted to use it . In all such cases the action was on a tort , and is on a tort to - day , the only difference being that the averments of assumpsit and public or common calling have ceased to ...
Page 43
... averment , then , after verdict , the defective averment , which might have been bad on demurrer , is cured by the verdict . " Is this or is it not a case of defective aver- ment ? And is it or not a case of an averment which must have ...
... averment , then , after verdict , the defective averment , which might have been bad on demurrer , is cured by the verdict . " Is this or is it not a case of defective aver- ment ? And is it or not a case of an averment which must have ...
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Common terms and phrases
action administrator advowson alleged appear assigned assumpsit attorney averment avowry award bail Barnes breach Brownl capias common cont costs count covenant damages debet debt on bond deed default defendant justifies defendant may plead defendant pleads defendant's delivered demand demise demurrer detinue discharge ejectment entered essoin execution executor feoffment granted guilty heir Ibid imparlance issue Johns judgment jury land latitat lease matter nolle prosequi non est factum nonsuit notice oyer party payment plaintiff replies plea plead in abatement quare impedit quod record rent replevin replication rule Sand scire facias seised seisin Semb sheriff shew statute sued Taunt tenant tender term testator tiel traverse trespass trial Vent verdict Vide post warrant Wils writ of error writ of inquiry
Popular passages
Page 501 - Whether a party is guilty of negligence, or not, is a question of fact for the jury, and not a question of law for the court to decide, when the evidence tends to establish such negligence.
Page 335 - Geo. 4, c. 16, s. 50, by which it is enacted, that " where there has been mutual credit given by the bankrupt and any other person...
Page 333 - 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 333 - ... pleading the general issue, where any such debt of the plaintiff, his testator or intestate, is intended to be insisted on in evidence, notice shall be given of the particular sum or debt so intended to be insisted on, and upon what account it became due, or otherwise such matter shall not be allowed in evidence upon such general issue.
Page 121 - The question upon these pleadings comes to this, whether a nominal plaintiff, suing for the benefit of his assignee, can, by a dismissal of the suit under a collusive agreement with the defendant, create a valid bar against any subsequent suit for the same cause of action.
Page 538 - ... justify under a sufficient legal process if he had it in fact at the time, although he declared then that he entered for another cause.
Page 17 - ... may enter a common appearance, or file common bail for the defendant, and proceed thereon as if such defendant had entered his appearance or filed common bail.
Page 364 - A person contracted to build a house upon the land of another. Before it was completed it was destroyed by fire. It was held that he was not thereby excused from the...
Page 364 - Dyche(b) is a still stronger case: it was there held, that, if two persons agree to perform certain work in a limited time, or to pay a stipulated weekly sum for such time afterwards as it should remain unfinished, and a bond is prepared in the name of both, but is executed by one only, with condition for the due performance of the work, or the payment of the weekly sum, and the work is not finished...
Page 335 - ... that there hath been mutual credit given by the bankrupt and any other person, or mutual debts between...