New Cases in the Court of Common Pleas, and Other Courts: With Tables of the Cases and Principal Matters, Volume 1Saunders and Benning, 1835 - Law reports, digests, etc |
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Page 6
... arise to the Defendant ; and the statute would be a trap for suitors instead of a remedial enact- ment , if it were construed with such literal rigour . The statute prescribes the insertion of the Defendant's resi- dence in 6 TRINITY TERM ,
... arise to the Defendant ; and the statute would be a trap for suitors instead of a remedial enact- ment , if it were construed with such literal rigour . The statute prescribes the insertion of the Defendant's resi- dence in 6 TRINITY TERM ,
Page 20
... , administrators , and assigns , should and would pay unto said John Hutchins , his executors and ad- ministrators , the said yearly sum of 757. , in the propor- tions and on the days thereinbefore appointed for pay- ment 20 TRINITY TERM ,
... , administrators , and assigns , should and would pay unto said John Hutchins , his executors and ad- ministrators , the said yearly sum of 757. , in the propor- tions and on the days thereinbefore appointed for pay- ment 20 TRINITY TERM ,
Page 21
... ment thereof , without any deduction or abatement what- soever . By virtue of which assignment , the Defendant afterwards , to wit , on the said 17th of December 1825 , entered into and upon all and singular the said assigned premises ...
... ment thereof , without any deduction or abatement what- soever . By virtue of which assignment , the Defendant afterwards , to wit , on the said 17th of December 1825 , entered into and upon all and singular the said assigned premises ...
Page 48
... ment by the Plaintiff . Upon his own shewing , there- fore , he has no title to distrain ; and , being destitute of such title , he falls within the rule established in Rogers v . Pitcher . In Fenner v . Duplock ( a ) it was held , that ...
... ment by the Plaintiff . Upon his own shewing , there- fore , he has no title to distrain ; and , being destitute of such title , he falls within the rule established in Rogers v . Pitcher . In Fenner v . Duplock ( a ) it was held , that ...
Page 50
... ment of rent . " He cannot be permitted to exonerate himself by such an argument , and therefore the rule must be discharged . PARK J. The argument at the bar turns on the fallacy of assuming that the rule of law which precludes a ...
... ment of rent . " He cannot be permitted to exonerate himself by such an argument , and therefore the rule must be discharged . PARK J. The argument at the bar turns on the fallacy of assuming that the rule of law which precludes a ...
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Common terms and phrases
action aforesaid agreement alleged amount annuity appears assignees assignment assumpsit attorney Bank of England bankrupt bankruptcy Bepton bill of exchange Bingh borough BOSANQUET cargo charge charterparty claim commence common consideration contended contract costs count Court covenant creditor damages debt declaration mentioned deed Defendant Defendant's demand demised demurrer devise discharged entered entitled evidence execution executors fendant freight GASELEE ground H. C. Sempill heir held horse indenture indorsed insolvent issue James Selby John Hutchins judgment jury land lease liable Lord Lowndes LYME REGIS ment messuages nonsuit objection obtained a rule Oporto owner paid party payable payment person Plaintiff plea possession premises question received recover rent replication respect rule nisi set-off sheriff shewed cause ship sold statute sufficient tenant term testator thereof TINDAL C. J. toll trespass trial trustees verdict voyage wife William Lowndes Woolbeding writ
Popular passages
Page 332 - Trader at the Time he becomes bankrupt shall, by the Consent and Permission of the true Owner thereof, have in his Possession, Order, or Disposition any Goods or Chattels whereof he was reputed Owner, or whereof he had taken upon him the Sale, Alteration, or Disposition as Owner, the Commissioner shall have Power to sell and dispose of the same for the Benefit of the Creditors under the Commission...
Page 504 - Plaintiff shall not have Costs against the Defendant, unless the Judge before whom the Trial is had shall certify his Approbation of the Action and of the Verdict obtained thereupon.
Page 7 - Greeting. We command you, , that you omit not, by reason of any liberty in your Bailiwick...
Page 635 - 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.
Page 572 - Micklethwait and his assigns to receive and take the rents, issues, and profits thereof during the term of his natural life; and, from and after his decease, to the use of...
Page 725 - No set-off of damages or costs between parties shall be allowed to the prejudice of the attorney's lien for costs in the particular suit against which the set-off is sought, provided, nevertheless, that interlocutory costs in the same suit, awarded to the adverse party, may be deducted.
Page 370 - ... 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.
Page 573 - Johnson, or any other wife whom he may happen to marry, to receive and take the rents, issues, and profits thereof, for and during the term of her natural life, for...
Page 303 - ... superior courts, shall otherwise order, be liable to pay costs to the defendant in case of being nonsuited, or a verdict passing against the plaintiff, and in all other cases in which he would be liable, if such plaintiff were suing in his own right upon a cause of action accruing to himself; and the defendant shall have judgment for such costs, and they shall be recovered in like manner.
Page 93 - ... in that plea alleged, ought not to be barred from having and maintaining his aforesaid action thereof against the defendant, because he saith that the said defendant at the said time when, &c.