Reports of Cases Argued and Determined in the Courts of Exchequer and Exchequer Chamber: Temp. Lord Lyndurst, with Tables of Cases and Principal Matters ...R. T. Davis, 1834 - Court rules |
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Page 37
... defendant , as in the fifth plea mentioned . Verification . Rejoinder to that replication , because admitting that he the defendant had mown , cut down , and accepted and taken , to and for his the said defendant's own use , the said ...
... defendant , as in the fifth plea mentioned . Verification . Rejoinder to that replication , because admitting that he the defendant had mown , cut down , and accepted and taken , to and for his the said defendant's own use , the said ...
Page 50
... defendant upon a new contract ; a contract which the law would imply from the defendant's taking the crops and receiving the benefit of the work , labour and materials ; and this object the defendant has defeated by showing that the ...
... defendant upon a new contract ; a contract which the law would imply from the defendant's taking the crops and receiving the benefit of the work , labour and materials ; and this object the defendant has defeated by showing that the ...
Page 53
... defendant and his sure- warrants into Held , that the court had no jurisdiction over estreats not returned ( a ) The notice of the defendant's intention to try is not a condition pre- into it , and cedent to the trial , but a mere ...
... defendant and his sure- warrants into Held , that the court had no jurisdiction over estreats not returned ( a ) The notice of the defendant's intention to try is not a condition pre- into it , and cedent to the trial , but a mere ...
Page 86
... defendant's ship had the wind free , the plaintiff's was hard up in the wind . The question at the trial being , which of the vessels ought to have given way to the other , the defendant's counsel ad- mitted that the Fowey was wrong in ...
... defendant's ship had the wind free , the plaintiff's was hard up in the wind . The question at the trial being , which of the vessels ought to have given way to the other , the defendant's counsel ad- mitted that the Fowey was wrong in ...
Page 105
... defendant's attorney , or allow him to look at them . BAYLEY B. - The defendant has a right to see the inquisition and proceedings thereon , to judge whether there is any thing on the face of them , for which the judgment may be ...
... defendant's attorney , or allow him to look at them . BAYLEY B. - The defendant has a right to see the inquisition and proceedings thereon , to judge whether there is any thing on the face of them , for which the judgment may be ...
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Common terms and phrases
act of bankruptcy affidavit aforesaid afterwards agreement alleged amount appear appointment Archbishop of Canterbury arrest assignment assumpsit attorney bail bankrupt Bayley bill BOLLAND bond breach CARLISLE cited commissioners contract costs count court covenant creditors crops damages debt declaration deed deed poll defendant defendant's delivered discharged Duke duty entitled evidence exchequer execution executors fact fendant fixtures freehold GARLAND George Duke given ground held indorsement issue judge judgment jury land lease Lechmere liable Lord Lyndhurst C. B. Lord Mansfield Lord Tenterden ment nisi prius non est factum nonsuit notice officer opinion paid parish party paymaster payment person plaintiff plea pleaded possession premises proceedings proved question recover refused rent rule sheriff showed cause statute statute of frauds sued sufficient surety taken tenant term testator testator's thereof tiff tion trespass trial trover verdict Williams witness words writ writ of summons
Popular passages
Page 50 - ... or upon any agreement that is not to be performed within the space of one year from the making thereof; unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith...
Page 396 - Deceased, do make or cause to be made a true and perfect Inventory of all and singular the Goods Chattels and Credits of the said Deceased...
Page 705 - That if any clerk or servant, or any person employed for the purpose or in the capacity of a clerk or servant, shall, by virtue of such employment...
Page 646 - subject to the payment of the rent and to the performance of the covenants and agreements reserved and contained *in the original lease:
Page xviii - Cholmondeley sealed and delivered in the presence of and to be attested by two or more credible witnesses...
Page 396 - And all the rest and residue of the " said goods, chattels, and credits...
Page 650 - Express contracts are where the terms of the agreement are openly uttered and avowed at the time of the making, as to deliver an ox, or ten loads of timber, or to pay a stated price for certain goods. Implied are such as reason and justice dictate, and which therefore the law presumes that every man undertakes to perform.
Page 632 - The inheritance cannot be enjoyed without them : they are accessaries necessary to the enjoyment and use of the principal. The owner erected them for the benefit of the inheritance : he could never mean to give them to the executor...
Page 397 - AB within-bounden, being thereunto required, do render and deliver the said letters of administration (approbation of such testament being first had and made) in the said court ; then this obligation to be void and of none effect, or else to remain in full force and virtue.
Page 922 - Davison, upon trust, to support and preserve the contingent uses and estates hereinafter limited from being defeated or destroyed, and for that purpose to make entries and bring actions, as occasion shall require, but...