A Treatise on the Parties to Actions, and on Pleading: With Second and Third Volumes, Containing Precedents of Pleadings, and Copious Directory Notes, Том 1 |
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A Treatise on the Parties to Actions, the Forms of Actions, and on Pleading ... Joseph Chitty Попередній перегляд недоступний - 2015 |
Загальні терміни та фрази
abatement action alleged ante appear assignment assumpsit averment bill Bing bond breach brought Campb cause of action claim committed common consideration considered contract costs count Court covenant damages debt declaration deed defendant defendant's demand demurrer East edit effect entitled evidence executor express fact give given ground held husband injury instances interest issue Johns joined judgment land liable maintain Mass material matter ment merely Moore nature necessary notice objection particular party performance person plaintiff plea pleaded Pleader possession promise proved received record recover remedy rent replication respect rule Saund statement statute sued sufficient suit taken Taunt term Tidd tion tort traverse trespass trial trover unless verdict Vide whole wife Wils writ
Популярні уривки
Сторінка 715 - ... when any variance shall appear between the proof and the recital or setting forth on the record, writ, or document, on which the trial is proceeding, of any contract, custom, prescription, name, or other matter, in any particular or particulars in the judgment of such court or judge 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...
Сторінка 387 - upon all debts or sums certain payable at a certain time or otherwise, the jury on the trial of any issue, or on any inquisition of damages, may, if they shall think fit, allow interest to the creditor at a rate not exceeding the current rate of interest, from the time when such debts or sums certain were payable, if such debts or sums be payable by virtue of some written instrument at a certain time...
Сторінка 697 - ... all actions for penalties, damages, or sums of money given to the party grieved, by any statute...
Сторінка 701 - Case may be; and where Issue is joined on such Demurrer, the Court shall proceed and give Judgment 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...
Сторінка 715 - ... exceeding the current rate of interest from the time when such debts or sums certain were payable, if such debts or sums be payable by virtue of some written instrument at a certain time, or, if payable otherwise, then from the time when demand of payment shall have been made in writing, so as such demand shall give notice to the debtor that interest will be claimed from the date of such demand until the term of payment; provided that interest shall be payable in all cases in which it is now...
Сторінка 715 - ... in any particular or particulars in the judgment of such court or judge 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, to be forthwith amended...
Сторінка 697 - ... an action of trespass, or trespass on the case, as the case may be, may be...
Сторінка 697 - We command you, That within eight days after the service of this writ on you, inclusive of the day of such service, you do cause an appearance to be entered...
Сторінка 715 - That upon all debts or sums certain payable at a certain time, or otherwise, the jury on the trial of any issue, or on any inquisition of damages, may, if they shall think fit, allow interest to the creditor, at a rate not exceeding the current rate of interest, from the time when such debts or sums certain were payable, if such debts or sums certain be payable by virtue of some written instrument at a certain time...
Сторінка 697 - Provided always, that nothing herein contained shall alter or take away or lessen the Effect of any Payment of any Principal or Interest made by any Person whatsoever...