A Digest of the Laws of England, Volume 5A. Strahan, 1822 - Digests, etc |
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Page 5
... tort demesne , when it shall be replied generally : -If the plea goes merely in excuse . p . 160 . ( F 19. ) Or justifies by matter of fact . p . 161 . ( F 20. ) When it is not a good replication generally : of record be mixed with the ...
... tort demesne , when it shall be replied generally : -If the plea goes merely in excuse . p . 160 . ( F 19. ) Or justifies by matter of fact . p . 161 . ( F 20. ) When it is not a good replication generally : of record be mixed with the ...
Page 33
... tort , and died before trial , the plaintiff was not per- mitted to take it out . 5 Taunt . 603 . If plaintiff replies after money paid in , he cannot afterwards take it out and enter acquittal , without leave of the court and payment ...
... tort , and died before trial , the plaintiff was not per- mitted to take it out . 5 Taunt . 603 . If plaintiff replies after money paid in , he cannot afterwards take it out and enter acquittal , without leave of the court and payment ...
Page 35
... tort may enhance damages above real value , and no rule to estimate additional value , it shall not . 3 B. M. 1363 . And though court orders the goods to be delivered to plaintiff , he may still proceed for damages at peril of costs . 3 ...
... tort may enhance damages above real value , and no rule to estimate additional value , it shall not . 3 B. M. 1363 . And though court orders the goods to be delivered to plaintiff , he may still proceed for damages at peril of costs . 3 ...
Page 49
... torts arising out of contracts , the venue should be laid in the place where the injury is received . 4 Taunt . 729 . But no place is necessary for a thing which is only inducement . R. Pl . Com . 190. b . So , two places for the same ...
... torts arising out of contracts , the venue should be laid in the place where the injury is received . 4 Taunt . 729 . But no place is necessary for a thing which is only inducement . R. Pl . Com . 190. b . So , two places for the same ...
Page 65
... tort , there is no occasion to show a title . Semb . 8 Co. 87. b . So , in an action upon the case for not doing a thing which he ought to do of common right . R. 1 Sal . 22. 360. Mod . Ca. 311 . So , in an action upon the case against ...
... tort , there is no occasion to show a title . Semb . 8 Co. 87. b . So , in an action upon the case for not doing a thing which he ought to do of common right . R. 1 Sal . 22. 360. Mod . Ca. 311 . So , in an action upon the case against ...
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Common terms and phrases
action administrator advowson afterwards alleged appear assigned assumpsit attorney averment avowry award bail Barnes breach Brownl capias common cont costs count covenant damages debet debt on bond declaration deed default defendant justifies defendant may plead defendant pleads defendant's delivered demand demise demurrer detinue Dougl ejectment entered execution executor feoffment granted guilty heir Ibid imparlance issue judgment jury land latitat lease matter nolle prosequi non est factum nonsuit notice oyer party payment plaintiff replies plea plead in abatement proceedings 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 334 - ... notwithstanding that such debts are deemed in law to be of a different nature, unless in cases where either of the said debts shall accrue by reason of a penalty contained in any bond or specialty, and in all cases where either the debt for which the action...
Page 333 - 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 363 - Where articles contain covenants for the performance of several things, and then one large sum is stated at the end to be paid upon *breach of performance, that must be considered as a penalty ; but where it is agreed that, if a party do such a particular thing, such a sum shall be paid by him, there the sum stated may be treated as liquidated damages.
Page 332 - 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 ; and such matter may be given in evidence upon the general issue, or pleaded in bar, as the nature of the case shall require...
Page 221 - Court shall possess appellate jurisdiction, both as to law and fact, and that this jurisdiction shall be subject to such exceptions and regulations as the National Legislature may prescribe. This will enable the Government to modify it in such a manner as will best answer the ends of public justice and security.
Page 52 - Every indictment ought to be so framed as to convey to the party charged a certain knowledge of the crime imputed to him.
Page 334 - ... shall be pleaded in bar, in which plea shall be shown how much is truly and justly due on either side ; and in case the plaintiff shall recover in any such action or suit, judgment shall be entered for no more than shall appear to be truly and justly due to the plaintiff after one debt being set against the other as aforesaid.
Page 547 - ... 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 362 - 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 260 - ... at a distance of time after the trial, amend the postea, by increasing the damages given by the jury, although all the jurymen join in an affidavit, stating their intention to have been, to give the plaintiff such increased sum, and that they conceived the verdict they had found was calculated to give him such sum...