A Digest of the Laws of England, Volume 6Collins & Hannay, 1825 - Law |
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Page 51
... alleged . R. Lut . 305 . So , in an action on assumpsit , a place of the performance of the fact , averred to have been done as the consideration of the promise , ought to be alleged . R. Sho . 50. Sal . 22 . So , in an indictment ...
... alleged . R. Lut . 305 . So , in an action on assumpsit , a place of the performance of the fact , averred to have been done as the consideration of the promise , ought to be alleged . R. Sho . 50. Sal . 22 . So , in an indictment ...
Page 52
... alleged at A. , it shall not [ * ] be intended to be within the jurisdiction , though the court be in the margin . R. 2 Cro . 96 . So , if an addition be of the parish of A. , without saying in what county , it is not good , though the ...
... alleged at A. , it shall not [ * ] be intended to be within the jurisdiction , though the court be in the margin . R. 2 Cro . 96 . So , if an addition be of the parish of A. , without saying in what county , it is not good , though the ...
Page 53
... alleged where the promise was made ; for the inquiry ought to be of nothing but damages , and this may be by any jurors of the county . R. Lut . 239 . So , if the fact to which no venue is alleged , be admitted by the bar , it is good ...
... alleged where the promise was made ; for the inquiry ought to be of nothing but damages , and this may be by any jurors of the county . R. Lut . 239 . So , if the fact to which no venue is alleged , be admitted by the bar , it is good ...
Page 54
... alleged are meant to be charged as false , and which , therefore , the defendant must come prepared to deny . The prosecutor , therefore , must go on , in order to give the defendant certain notice of the very charge , to separate , by ...
... alleged are meant to be charged as false , and which , therefore , the defendant must come prepared to deny . The prosecutor , therefore , must go on , in order to give the defendant certain notice of the very charge , to separate , by ...
Page 56
... alleged , that the defendant held certain offices in the service of the East India company , from , & c . until the ... alleging a seisin in fee , virtually includes an occupation by the party seised ; to allege in addition , that the ...
... alleged , that the defendant held certain offices in the service of the East India company , from , & c . until the ... alleging a seisin in fee , virtually includes an occupation by the party seised ; to allege in addition , that the ...
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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...