Reports of Cases Argued and Determined in the Court of Common Pleas: With Table of the Names of Cases and Digest of the Principal Matters, Volume 1Henry Butterworth, 1836 - Law reports, digests, etc |
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Page 10
... debt and costs , that the other was discharged also . In Walker v . Alder ( g ) , the principle acknowledged in the modern cases is established .- [ Tindal , C. J. - Da Costa v . Davis ( h ) seems the strongest case in your favour ...
... debt and costs , that the other was discharged also . In Walker v . Alder ( g ) , the principle acknowledged in the modern cases is established .- [ Tindal , C. J. - Da Costa v . Davis ( h ) seems the strongest case in your favour ...
Page 11
... debt , the proceedings have been by writ of fieri facias , and not by capias ad satis- faciendum . Secondly ... debt . The object of the executions was to obtain payment of the whole debt . But nothing is more common than for a judg ...
... debt , the proceedings have been by writ of fieri facias , and not by capias ad satis- faciendum . Secondly ... debt . The object of the executions was to obtain payment of the whole debt . But nothing is more common than for a judg ...
Page 12
... debt , by instalments which can from time to time be recovered by execution , is fully recognised . Here the plaintiff is empowered to issue executions " from time to time thereafter , for the whole or any part or parts of the said sum ...
... debt , by instalments which can from time to time be recovered by execution , is fully recognised . Here the plaintiff is empowered to issue executions " from time to time thereafter , for the whole or any part or parts of the said sum ...
Page 13
... debt , there is no allegation in the present case , that the party was charged in execution for the same sum of money , and , indeed , from calculation it would appear that it was a different sum entirely , which was the subject matter ...
... debt , there is no allegation in the present case , that the party was charged in execution for the same sum of money , and , indeed , from calculation it would appear that it was a different sum entirely , which was the subject matter ...
Page 14
... debt , and that is where he has escaped . But Mr. Justice Buller , in the same case , seems to have assigned as a reason for his decision , that the original debt had been extinguished and a new security given , and that therefore ...
... debt , and that is where he has escaped . But Mr. Justice Buller , in the same case , seems to have assigned as a reason for his decision , that the original debt had been extinguished and a new security given , and that therefore ...
Common terms and phrases
action affidavit aforesaid agreement alleged amount annuity appears apply appointed assignment assumpsit attorney authority bankrupt bankruptcy bill of exchange Bing brought charter-party claim contract copyhold costs Court covenant creditors damages debt decease declaration deed defendant defendant's delivered demurrer devise entitled evidence execution executors fendant Frances Brooke freight GASELEE given granted ground heir held HUNGERFORD MARKET indorsed insolvent intention Interpleader issue judgment jury land lease leasehold leasehold estates lessor liable Lord Lord Ellenborough Lowndes manor ment mentioned nonsuit notice objection obtained a rule opinion paid parties payable payment Pearce person Philip Keys plaintiff plea pleaded possession premises promissory note proved question received recover rent replication rule nisi Serjt sheriff shew cause ship Stat Statute sufficient taken tenant term testator testator's thereof TINDAL tion trial trover trustees Upper Horton verdict words writ writ of right
Popular passages
Page 411 - ... in such possession or receipt, then such right " shall be deemed to have first accrued at the time of such death : " And when the person claiming such land or rent, shall claim in " respect of an estate or interest in possession...
Page 64 - Action after Issue joined, or if, upon Demurrer or otherwise, Judgment shall be given against the Plaintiff, the Defendant shall recover This Act not to extend to Scotland or Ireland, except in Two Cases.
Page 296 - I hereby appoint sole executrix of this my last will and testament ; hereby revoking all former wills by me made.
Page 411 - December one thousand eight hundred and thirty-three no arrears of rent or of interest in respect of any sum of money charged upon or payable out of any land or rent, or in respect of any legacy, or any damages in respect of such arrears of rent or interest, shall be recovered by any distress, action, or suit, Î" Section 40 is rep., from and after 1st January 1879, 37 & 38 Viet. c. 57. в. 9.J but within six years next after the same respectively shall have become due...
Page 426 - ... (the act of God, the Queen's enemies, fire, and all and every other dangers and accidents of the seas, rivers, and navigation of whatever nature and kind soever excepted) unto or to assigns freight for the said goods with primage and average accustomed.
Page 332 - ... all other perils, losses, and misfortunes that have or shall come to the hurt, detriment, or damage of the said goods and merchandises and ship, &c., or any part thereof...
Page 216 - In every species of assumpsit, all matters in confession and avoidance, including not only those by way of discharge, but those which show the transaction to be either void or voidable in point of law, on the ground of fraud or otherwise, shall be specially pleaded.
Page 411 - ... the right to make such entry or distress, or to bring such action, shall have first accrued to the person making or bringing the same.
Page 191 - ... and thereupon to exercise, for the adjustment of such claims and the relief and protection of the sheriff or other officer, all or any of the powers and authorities herein-before contained, and make such rules and decisions as shall appear to be j ust, according to the circumstances of the case; and the costs of all such proceedings shall be in the discretion of the court.
Page 285 - ... and in any such action the defendant may plead the general issue, and give this Act and the special matter in evidence at any trial to be had thereupon...