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 5
... opinion of a majority of the Judges , that such is the case . The act for uniformity of process enacts , by section 4 , that where it is intended to arrest the Defendant , the process shall be by writ of capias , according to the Form ...
... opinion of a majority of the Judges , that such is the case . The act for uniformity of process enacts , by section 4 , that where it is intended to arrest the Defendant , the process shall be by writ of capias , according to the Form ...
Page 11
... opinion ; and in another case , of Frank- land v . Nicholson ( c ) , he said , " I do not hold it to be necessary that there should be actual fraud on the individual party ; it is enough if the thing leads to a probability of fraud ...
... opinion ; and in another case , of Frank- land v . Nicholson ( c ) , he said , " I do not hold it to be necessary that there should be actual fraud on the individual party ; it is enough if the thing leads to a probability of fraud ...
Page 12
... J. The claim fails on the Plaintiffs ' own shewing . BOSANQUET J. I am of the same opinion . In order to establish this claim , it was incumbent on the Plaintiffs to shew that Mrs. Fuller had married : but , 12 TRINITY TERM ,
... J. The claim fails on the Plaintiffs ' own shewing . BOSANQUET J. I am of the same opinion . In order to establish this claim , it was incumbent on the Plaintiffs to shew that Mrs. Fuller had married : but , 12 TRINITY TERM ,
Page 15
... opinion . If the suit had proceeded , and the demandant had failed upon verdict , it is clear the tenant would not have been en- titled to costs ; there is no reason , therefore , why he should have them now . Rule discharged . 1834 ...
... opinion . If the suit had proceeded , and the demandant had failed upon verdict , it is clear the tenant would not have been en- titled to costs ; there is no reason , therefore , why he should have them now . Rule discharged . 1834 ...
Page 17
... opinion of the Court in Lewis v . Willis , where it was held that nil habuit in tenementis was a bad plea to an action on the case for use and occupation . The form of action here , is debt for use and occupa- tion ; -a form of action ...
... opinion of the Court in Lewis v . Willis , where it was held that nil habuit in tenementis was a bad plea to an action on the case for use and occupation . The form of action here , is debt for use and occupa- tion ; -a form of action ...
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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.