A Selection of Cases on Pleading: With References and CitationsPress of John Wilson and Son, 1875 - 299 стор. |
Інші видання - Показати все
A Selection of Cases on Pleading: With References and Citations James Barr Ames Повний перегляд - 1875 |
A Selection of Cases on Pleading: With References and Citations James Barr Ames Повний перегляд - 1905 |
Загальні терміни та фрази
absque tali causa accord admission admitted aforesaid ALDERSON alleged amount answer assault assignment assumpsit authority averred avowry award bailment breach cattle cause of action chattels cited claim COMMON PLEAS confession and avoidance contract count mentioned court Crogate's damage debt declaration mentioned defendant pleaded Deft delivered demuner denial denied departure detinue Dift Eliz entered entitled evidence EXCHEQUER excuse fact fendant ground guilty held HILARY TERM immaterial injuria sua propria John Palmer judgment jury KING'S BENCH land LORD DENMAN material matter ment MICHAELMAS TERM opinion party payment plaintiff replied plea in bar Plef possession promise promissory note propria absque proved put in issue question Refli rejoinder rent repleader replevin replication de injuria Reported rule says SECT seised Serjt special demurrer special plea specially pleaded statute steld sufficient Taddington thereof tiff tion traverse trespass trial TRINITY TERM trover verdict writ
Популярні уривки
Сторінка 102 - In actions of trespass quare clausum fregit, the plea of not guilty shall operate as a denial that the defendant committed the trespass alleged in the place mentioned, but not as a denial of the plaintiff's possession or right of possession of that place, which, if intended to be denied, must be traversed specially.
Сторінка 118 - In an action of slander of the plaintiff in his office, profession, or trade, the plea of not guilty will operate to the same extent precisely as at present in denial of speaking the words, of speaking them maliciously, and in the sense imputed, and with reference to the plaintiff's office, profession, or trade; but it will not operate as a denial of the fact of the plaintiff holding the office or being of the profession or trade alleged.
Сторінка 64 - ... not guilty will operate as a denial only that the defendant carried on the alleged trade in such a way as to be a nuisance to the occupation of the house, and will not operate as a denial of the plaintiff's occupation of the house. In an action on the case for obstructing a right of way such plea will operate as a denial of the obstruction only, and not of the plaintiff's right of way ; and in an action for converting the plaintiff's goods, the conversion only, and not the plaintiff's title to...
Сторінка 110 - The learned judge thought the last answer immaterial, and directed a verdict for the defendants, reserving leave to the plaintiff to move to enter a verdict for him for...
Сторінка 228 - ... ascertained by reference to the bill, and therefore the award is sufficiently certain in this respect. I am therefore of opinion that the plaintiff is entitled to judgment. Lord...
Сторінка 250 - At the trial, before Lord Denman C. J., at the sittings in London, after Trinity term, 1838, Smith was called as a witness by the defendant.
Сторінка 64 - In actions on the case, the plea of not guilty shall operate as a denial only of the breach of duty or wrongful act alleged to have been committed by the defendant, and not of the facts stated in the inducement...
Сторінка 222 - A DEPARTURE TAKES PLACE WHEN, IN ANY PLEADING, THE PARTY DESERTS THE GROUND THAT HE TOOK IN HIS LAST ANTECEDENT PLEADING AND RESORTS TO ANOTHER.
Сторінка 248 - EF as such clerk as aforesaid, had and received, for and on the account of the said plaintiff divers sums of money, amounting in the whole to a large sum of money, to wit, the sum of...
Сторінка 12 - ... very right of the cause and matter in law shall appear unto them, without regarding any imperfection, omission, defect or want of form, in any writ, return, plaint, declaration, or other pleading, process, or course of proceeding whatsoever, except those only which the party demurring shall specially and particularly set down and express, together with his demurrer...