The Reports of the Most Learned Sir Edmund Saunders, Knt. ...: Of Several Pleadings and Cases in the Court of King's Bench, in the Time of the Reign of His Most Excellent Majesty King Charles the Second, [1666-1672], Volume 2, Issue 1William Benning and Company, 1845 - Law reports, digests, etc |
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Common terms and phrases
action of debt adjudged aforesaid afterwards Alexander Alexander Davies alleged antè appear appurtenances arbitrators assigned assumpsit attorney averment award bail bill Bing bond brought capias Carth cause of action court covenant damages declaration deed defendant demurrer dower elegit Eliz execution executor fendant fieri facias HARRIDGE heir held holden Ibid imparlance issue John Jeffreson John Spicer John Webber judg justices king at Westminster King's Bench lands latitat lord the king ment Middlesex MORTON parish party payment person plaintiff plaintiff in error plea pleaded promise Raym recognisance record recover recovery Richard Richard Dawson Salk scire facias Scott seised seisin sheriff shew stat statute sued summons Taunt tenant tenements term testator thereof Thomas Tidd's Pract tion trespass trover umpirage verdict vouchee warrant wherefore William writ of error writ of summons
Popular passages
Page 45 - Servants, all Actions of Debt grounded upon any Lending or Contract without Specialty...
Page 77 - Court, making request to have it allowed and approved accordingly, if the said , being thereunto required, do render and deliver the said letters of administration (approbation of such testament being first had and made) in the said Court, then this obligation to be void and of none effect, or else to remain in full force and virtue.
Page 133 - An express promise, therefore, as it should seem, can only revive a precedent good consideration, which might have been enforced at law, through the medium of an implied promise, had it not been suspended by some positive rule of law, but can give no original right of action, if the obligation on which it is founded never could have been enforced at law, though not barred by any legal maxim or statute provision.
Page 45 - ... upon a general acknowledgment, where nothing is said to prevent it, a general promise to pay may and ought to be implied...
Page 45 - Plea: that the cause of action did not accrue within six years next before the commencement of the suit.
Page 45 - Defendant therein be outlawed, and shall after reverse the Outlawry, that in all such cases the Party Plaintiff, his Heirs, Executors or Administrators, as the Case shall require, may commence a new Action or Suit, from Time to Time, within a Year after such Judgment reversed, or such Judgment given against the Plaintiff, or Outlawry reversed, and not after.
Page 136 - CD, administrator of all and singular, the goods and chattels, rights and credits, which were of the said A. B. at the time of his death, with full power and authority to secure and dispose of said property according to law, and collect all moneys due said deceased, and in general to do and perform all other acts and things which are or hereafter may be required of him by law.
Page 45 - That the finder of a jewel, though he does not by such finding acquire an absolute property or ownership, yet he has such a property as will enable him to keep it against all but the rightful owner, and consequently may maintain trover.
Page 136 - Court of our said present sovereign Lord the King before the King himself, at Westminster in the county of Middlesex, on Thursday next after fifteen days from the day of St.
Page 137 - Illinois, administrator of all and singular the goods and chattels, rights and credits, which were of the said...