Reports of Cases Argued and Determined in the King's Bench Practice Court: With the Points of Practice Decided in the Courts of Common Pleas and Exchequer, from Mich. Term, 1830 to [Michaelmas Term, 1841] ..S. Sweet, 1838 |
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12 ページ
... declaration , although he has pleaded to the original declaration . Semble , if the defendant does not require a stay of proceedings , it is incumbent on the plaintiff to shew that the defendant has not applied to the former for ...
... declaration , although he has pleaded to the original declaration . Semble , if the defendant does not require a stay of proceedings , it is incumbent on the plaintiff to shew that the defendant has not applied to the former for ...
13 ページ
... declaration , with leave to the defend- ant to plead de novo . On the 7th of November , an amended declaration was delivered ; and on the 8th of November the present rule was obtained . The application might be resisted on two grounds ...
... declaration , with leave to the defend- ant to plead de novo . On the 7th of November , an amended declaration was delivered ; and on the 8th of November the present rule was obtained . The application might be resisted on two grounds ...
15 ページ
... declaration was delivered . Then his application was made on the day after that delivery , and consequently the defendant had come to the Court as early as possible . The plaintiff had then abandoned his previous declaration , and the ...
... declaration was delivered . Then his application was made on the day after that delivery , and consequently the defendant had come to the Court as early as possible . The plaintiff had then abandoned his previous declaration , and the ...
18 ページ
... declaration . That amend- ment was material , and therefore the defendant was in the same situation as if the declaration was then delivered for the first time . It might happen , that the declaration ori- ginally delivered contained ...
... declaration . That amend- ment was material , and therefore the defendant was in the same situation as if the declaration was then delivered for the first time . It might happen , that the declaration ori- ginally delivered contained ...
20 ページ
... declaration mentioned , to wit , & c .; and it was on that occasion agreed by and between the said drawer , T. T. , and the plaintiff , that the said plain- tiff , in consideration of the premises , should forbear to sue him , the said ...
... declaration mentioned , to wit , & c .; and it was on that occasion agreed by and between the said drawer , T. T. , and the plaintiff , that the said plain- tiff , in consideration of the premises , should forbear to sue him , the said ...
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多く使われている語句
act of Parliament affidavit aforesaid ALDERSON alleged amend amount appeared application arbitrator arrest assignees assumpsit award bail bankrupt bankruptcy bill of exchange certiorari cited claim commencement contended contract count Court custody damages debt declaration defendant defendant pleaded defendant's delivered demurrer entered entitled execution fact fendant given granted ground held imprisonment indorsement injuriâ irregularity issue Judge jurisdiction jury liable Lord Abinger matter ment nisi prius nonsuit notice of trial nunc pro tunc objection obtained a rule opinion paid paid into Court Parke party PATTESON payment person plaintiff plea present rule prisoner proceedings promise question record recover replication Rule absolute Rule discharged rule nisi security for costs Serjt set-off sheriff shewed cause sign judgment Smith statute sufficient suit summons sworn taken term thereof tiff TINDAL tion trespass Trinity Term verdict warrant of attorney writ of summons
人気のある引用
655 ページ - Eliz. were grown into blades, the defendant, in consideration that the plaintiff, at the special instance and request of the said...
423 ページ - ... not material to the merits of the case, and by which the opposite party cannot have been prejudiced in the conduct of his action, prosecution, or defence...
134 ページ - Saund. 228, n. (1), it is said, that, " where there is any defect, imperfection, or omission in any pleading, whether in substance or form, which would have been a fatal objection upon demurrer ; yet, if the issue joined be such as necessarily required on the trial proof of the facts so defectively or imperfectly stated or omitted, and without which it is not to be presumed that either the judge would direct the jury to give or the jury would have given the verdict, such defect, imperfection, or...
270 ページ - 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...
472 ページ - Courts on behalf of such person, expressly named by him, and attending at his request, to inform him of the nature and effect of such warrant or cognovit, before the same is executed ; which attorney shall subscribe his name as a witness to the due execution thereof, and thereby declare himself to be attorney for the person executing the same, and state that he subscribes as such attorney.
343 ページ - No application to set aside process or proceedings for irregularity shall be allowed unless made within a reasonable time, nor if the party applying has taken a fresh step after knowledge of the irregularity.
269 ページ - That no apothecary shall be allowed to recover any charges claimed by him in any Court of Law, unless such apothecary shall prove on the trial that he was in practice as an apothecary prior to, or on the said 1st day of August, 1815, or that he has obtained a certificate to practise as an apothecary. That the said Master, Wardens, and Society of Apothecaries...
212 ページ - All judgments, whether interlocutory or final, shall be entered of record of the day of the month and year, whether in term or vacation, when signed, and shall not have relation to any other day...
218 ページ - 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...
377 ページ - ... according as the very right of the cause and matter in law shall appear unto them, without regarding any imperfection, omission, defect in or lack of form...