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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75 ページ
... promise , and had not paid the same or any part thereof . " Special demurrer to the first count , assigning for cause that no promise to pay the bill was alleged in the declaration . R. V. Richards having obtained a rule to set aside ...
... promise , and had not paid the same or any part thereof . " Special demurrer to the first count , assigning for cause that no promise to pay the bill was alleged in the declaration . R. V. Richards having obtained a rule to set aside ...
76 ページ
... promise in terms applies to both counts . The rule must be absolute . Rule absolute . AITMAN v . CONWAY . It is not irregu- ON the 26th October , before three o'clock in the after- noon , the plaintiff entered his rule to plead , and at ...
... promise in terms applies to both counts . The rule must be absolute . Rule absolute . AITMAN v . CONWAY . It is not irregu- ON the 26th October , before three o'clock in the after- noon , the plaintiff entered his rule to plead , and at ...
101 ページ
... promises , and hath not paid any of the said monies . " Special demurrer , assigning for cause that the count ought to ... promise to signed as a the three , as- breach that " the defendant had not paid : - Held sufficient on special de ...
... promises , and hath not paid any of the said monies . " Special demurrer , assigning for cause that the count ought to ... promise to signed as a the three , as- breach that " the defendant had not paid : - Held sufficient on special de ...
102 ページ
... promise : the promise is , that the de- fendant would pay the two plaintiffs and Machin ; therefore , it is consistent with this breach that there has been a payment to the two surviving partners , after the death of Machin . Addison ...
... promise : the promise is , that the de- fendant would pay the two plaintiffs and Machin ; therefore , it is consistent with this breach that there has been a payment to the two surviving partners , after the death of Machin . Addison ...
108 ページ
... promise alleged , which is , to pay the balance . [ Parke , B. You would have to prove such a promise : from what time would the Statute of Limitation run ? Lord Abinger , C. B. You would make the declaration a special contract on an ...
... promise alleged , which is , to pay the balance . [ Parke , B. You would have to prove such a promise : from what time would the Statute of Limitation run ? Lord Abinger , C. B. You would make the declaration a special contract on an ...
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多く使われている語句
affidavit aforesaid ALDERSON alleged amend amount appears application arbitrator arrest assignees assumpsit award bail bankrupt bill of exchange certiorari cited claim commencement contended contract count custody damages declaration defendant defendant pleaded defendant's delivered demurrer entered entitled execution fact fendant FINLEYSON 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 shewn sign judgment Smith statute sufficient summons sworn taken taxation tenant tiff TINDAL tion trespass Trinity Term verdict warrant of attorney writ of summons writ of trial
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395 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...
610 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.
104 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...
240 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...
313 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.
182 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...
347 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...
694 ページ - Court 30 where such Action shall depend, at any Time before Issue joined to pay into Court such Sum of Money as he shall think fit, whereupon such Proceeding, Order, and Adjudication shall be had and made in and by such Court as in other Actions where Defendants are allowed to pay Money into Court.
122 ページ - A. brought an action against the sheriff for a false return of nulla bona to a fi.
284 ページ - The jury, having found a verdict for the plaintiff, the defendant moved for a new trial by reason of said exceptions.