A Digest of the Laws of England, Volume 6Collins & Hannay, 1825 - Law |
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Page 8
... wife , if the husband appears without the wife , or e contra . Vide post , ( B 4. 10. ) Appearance cures all errors and defects in process . Barnes , 163. 167. 415. 424 . ( B 2. ) Where it shall be entered . An appearance on a capias in ...
... wife , if the husband appears without the wife , or e contra . Vide post , ( B 4. 10. ) Appearance cures all errors and defects in process . Barnes , 163. 167. 415. 424 . ( B 2. ) Where it shall be entered . An appearance on a capias in ...
Page 14
... wife . Service of husband good for both , and plaintiff may enter appearance for both . Barnes , 406. 412 . In an action against a husband and wife , if the husband be taken on the capias or exigent out of B. R. , he shall remain in ...
... wife . Service of husband good for both , and plaintiff may enter appearance for both . Barnes , 406. 412 . In an action against a husband and wife , if the husband be taken on the capias or exigent out of B. R. , he shall remain in ...
Page 15
... wife is taken , and non est inventus returned for the husband ; the wife shall be discharged upon common bail , and other process shall go against the husband with an idem dies to the wife . R. 1 Sal . 115 . If the husband and wife are ...
... wife is taken , and non est inventus returned for the husband ; the wife shall be discharged upon common bail , and other process shall go against the husband with an idem dies to the wife . R. 1 Sal . 115 . If the husband and wife are ...
Page 17
... wife when the husband alone has been [ * ] arrested , special bail may justify for him only on his filing common bail for his 1 Chit . Rep . 75 . wife . But when the husband alone has been served with " process , he ought regularly to ...
... wife when the husband alone has been [ * ] arrested , special bail may justify for him only on his filing common bail for his 1 Chit . Rep . 75 . wife . But when the husband alone has been served with " process , he ought regularly to ...
Page 20
... wife , if the husband appears , and the wife makes default , the husband shall not be put to answer , but the process shall continue against the wife , and diem dies be given to the husband . R. 1 Rol . 589 , 1. 30. Vide ante , ( B. 4 ...
... wife , if the husband appears , and the wife makes default , the husband shall not be put to answer , but the process shall continue against the wife , and diem dies be given to the husband . R. 1 Rol . 589 , 1. 30. Vide ante , ( B. 4 ...
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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...