Reports of Cases Argued and Determined in the Court of Common Pleas: And Upon Writs of Error from that Court to the Exchequer Chamber, with a Table of the Names of Cases and a Digest of the Principal Matters, 第 1 巻H. Butterworth, 1840 |
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Act of Parliament action affidavit aforesaid afterwards agreement alleged amend amount appears applied arrest assignees assumpsit attorney bail bankrupt bill bill of exchange Bing BOSANQUET certificate charter-party cited claim Common Pleas consideration contended contract costs count Court covenant creditor damages debt declaration deed defendant defendant's delivered demise demurrer devise distringas duchy of Cornwall entered entitled evidence execution executors expences fact fendant granted ground heir held Hilary Term indenture Insolvent intended issue judge judgment jury land lease lessee lessor letters patent letters testamentary Lord matter ment mentioned messuage Miers nonsuit notice objection obtained a rule opinion paid party payment person plaintiff pleaded possession premises present promissory note question received recover rent rule nisi Selby Serjt sheriff shewed cause Statute sufficient tenant Term testator testator's thereof TINDAL tion trial trover verdict words writ of summons
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176 ページ - In every species of assumpsit, all matters in confession and avoidance, including not only those by way of discharge, but those which show the transaction to be either void or voidable in point of law, on the ground of fraud or otherwise, shall be specially pleaded ; ex.
348 ページ - Here it may be laid down for a rule, that whatever words are sufficient to explain the intent of the parties, that the one shall divest himself of the possession, and the other come into it for a determinate time...
166 ページ - Fowler, &c., as for their costs and charges by them about their suit in that behalf expended, whereof the said II'.
154 ページ - ... deducting therefrom such diminution in the value thereof as shall have been caused by the lapse of time since the grant thereof to the time of filing such prisoner's petition...
61 ページ - ... but when the party by his own contract creates a duty or charge upon himself, he is bound to make it good, if he may, notwithstanding any accident by inevitable necessity, because he might have provided...
185 ページ - The question for the opinion of the court was whether the plaintiff was entitled to recover. If...
61 ページ - There is also a third sort of covenants, which are mutual conditions to be performed at the same time ; and in these, if one party was ready and offered to perform his part, and the other neglected or refused to perform his, he who was ready and offered has fulfilled his engagement, and may maintain an action for the default of the other though it is not certain that either is obliged to do the first act.
16 ページ - ... it shall be lawful for the said lessor at any time thereafter into and upon the said demised premises or any part thereof in the name of the whole to re-enter and the same to have again re-possess and enjoy as of his or their former estate anything hereinafter contained to the contrary notwithstanding.
325 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.
310 ページ - An Act for the Abolition of Fines and Recoveries, and for the Substitution of more simple Modes of Assurance...