The Practice of the Courts of King's Bench, and Common Pleas, in Personal Actions, and Ejectment: To which are Added, the Law and Practice of Extents, and the Rules of Court, and Modern Decisions, in the Exchequer of Pleas, Volume 1 |
From inside the book
Results 1-5 of 100
Page 6
... liable , with the defendants , to the performance of it ' . A contract , being a chose in action , was not assignable at common law , so as to entitle the assignee to an action in his own name : but there was an exception to this rule ...
... liable , with the defendants , to the performance of it ' . A contract , being a chose in action , was not assignable at common law , so as to entitle the assignee to an action in his own name : but there was an exception to this rule ...
Page 9
... liable to , by reason of his or " their being so made plaintiff or plaintiffs , defendant or defendants . ” In Ireland , by the statutes 5 Geo . IV . c . 73. and 6 Geo . IV . c . 42. § 10. Societies or societies or partnerships , formed ...
... liable to , by reason of his or " their being so made plaintiff or plaintiffs , defendant or defendants . ” In Ireland , by the statutes 5 Geo . IV . c . 73. and 6 Geo . IV . c . 42. § 10. Societies or societies or partnerships , formed ...
Page 10
... liable , who would not have been liable on his promise : Therefore , where the plaintiff declared that , having agreed to exchange mares with the defendant , the latter , by falsely warranting his mare to be sound , well knowing her to ...
... liable , who would not have been liable on his promise : Therefore , where the plaintiff declared that , having agreed to exchange mares with the defendant , the latter , by falsely warranting his mare to be sound , well knowing her to ...
Page 20
... liable to answer in an action for such part of the im- prisonment suffered under his warrant , as was within six calendar months before the action commenced against him . And where an action of assault and false imprisonment was brought ...
... liable to answer in an action for such part of the im- prisonment suffered under his warrant , as was within six calendar months before the action commenced against him . And where an action of assault and false imprisonment was brought ...
Page 24
... liable b . If a letter be written by a defendant to the plaintiff's attorney , on being served with a writ , couched ... liable , but said that " he was not liable then , because it was out of date , " and that he would not pay it , and ...
... liable b . If a letter be written by a defendant to the plaintiff's attorney , on being served with a writ , couched ... liable , but said that " he was not liable then , because it was out of date , " and that he would not pay it , and ...
Contents
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Common terms and phrases
affidavit amend annuity appear Append arrested assignment assumpsit attachment bail bond bankrupt Barn bill Bing Blac brought capias cause of action certiorari Chap Chit clerk common bail Common Pleas costs court of Common court of King's creditor Cres custody debt declaration defendant defendant's delivered demurrer detinue discharge Dowl Durnf East entered entitled Exchequer execution facias fendant filed Fleet prison Gilb habeas corpus holden issue judge justify King's Bench King's Bench prison latitat Marsh matter Maule & Sel ment Moore motion nisi prius notice original writ outlawry party payment person plaintiff plead prisoner proceedings prothonotaries Raym replevin rule Salk Saund scire facias sheriff shew cause sign judgment special bail stat statute sued suit Taunt term thereof trespass trial venue warrant of attorney Wils writ of error
Popular passages
Page 326 - that from and after the passing of this act no attorney, or solicitor, nor any executor, administrator, or assignee of any attorney or solicitor, shall commence or maintain any action or suit for the recovery of any fees...
Page 39 - ... he looked upon the independence and uprightness of the judges, as essential to the impartial administration of justice ; as one of the best securities of the rights and liberties of his subjects; and as most conducive to the honour of the crown.
Page 117 - ... shall be deemed to have committed an act of bankruptcy from the time of the service thereof, and any such creditor or creditors as aforesaid may sue out a commission against him, and proceed thereon in like manner as against other bankrupts.
Page 15 - That all Actions of Trespass, Quare clausum fregit, all Actions of Trespass, Detinue, Action sur Trover, and Replevin for taking away of Goods and Cattle, all Actions of Account, and upon the Case, other than such Accounts as concern the Trade of Merchandize between Merchant and Merchant, their Factors or Servants, all Actions of Debt grounded upon any Lending or Contract without Specialty...
Page 29 - ... until notice in writing of such intended writ or process shall have been delivered to him, or left at the usual place of his abode...
Page 205 - ... hereby required to ascertain the value thereof, and to admit such person to prove the amount so ascertained, and to receive dividends thereon : or if such value shall not be so ascertained before the contingency shall have happened, then such person may, after such contingency shall have happened, prove in respect of such debt, and receive...
Page 663 - ... 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 583 - ... the plaintiff upon the roll may suggest as many breaches of the covenants and agreements as he shall think fit, upon which shall issue a writ to the sheriff of that county where the action shall be brought, to summon a jury to appear before the justice or justices of assize, or nisi prlus, of that county, to inquire of the truth of every one of those breaches, and to assess the damages that the plaintiff shall have sustained thereby...
Page 62 - ... every such person shall, for every such offence, forfeit the sum of one hundred pounds, current money.
Page 16 - ... all actions of debt grounded upon any lending or contract, without specialty, and all actions of debt for arrearages of rent, shall be commenced and sued within six years next after the cause of such action or suit, and not after.