Reports of Cases Argued and Determined in the King's Bench Practice Court: With the Points of Practice Decided in the Courts of Common Pleas and Exchequer, from Mich. Term, 1830 to [Michaelmas Term, 1841] ... |
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according action affidavit afterwards agreed agreement alleged allowed amend amount answer appear application arbitrator arrested assigned attachment attorney authority award bail bill brought called charged cited claim considered contended costs count Court damages dant debt declaration defendant defendant's delivered demand demurrer difference directed discharged effect entered entitled evidence execution fact fendant further give given granted ground held indorsed irregularity issue Judge judgment jury Lord matter ment mentioned motion moved necessary notice objection obtained officer opinion paid Parke particular party payment person plain plaintiff plea pleaded practice present proceedings promise proved question reason received record recover referred refused residence respect rule rule nisi served sheriff shewed cause signed statute sufficient summons taken term tion trial unless verdict whole writ
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Сторінка 299 - 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 ; ex.
Сторінка 46 - No application to set aside process or proceedings for irregularity shall be allowed unless made within a reasonable time, nor if the party applying has taken a fresh step after knowledge of the irregularity.
Сторінка 123 - ... declaration in the cause (if any), be entered of record, with a note in the margin expressing the true date of such entry, to the end that the same may be evidence in future times if required, and to secure and enforce the payment of costs directed by any such rule or order ; and every such rule or order so entered, shall have the force and effect of a judgment...
Сторінка 719 - ... shall and may assess, not only such damages and costs of suit as have heretofore been usually done in such cases, but also damages for such of the said breaches so to be assigned, as the plaintiff, upon the trial of the issues, shall prove to have been broken, and that the like judgment shall be entered on such verdict as heretofore hath been usually done in such like actions...
Сторінка 44 - ... or defendant in person, as the case may be, mentioning the city, town, or parish, and also the name of the hamlet, street, and number of the house of such plaintiff's or defendant's residence, if any such there be.
Сторінка 614 - ... until twenty-one days after a notice in writing of his being so chargeable or relieved, accompanied by a copy or counterpart of the order of removal of such person, and by a copy of the examination upon which such order was made...
Сторінка 712 - And such proceedings were thereupon had in the said court that afterwards and before the commencement of this suit, to wit, on the...
Сторінка 604 - • acted, "for making the said law effectual," that, "in all actions of trespass, assault and battery, and other personal actions, wherein the judge at the trial of the cause shall not find and certify...
Сторінка 280 - ... or whether such father be within the age of twenty-one years or of full age, by his deed executed in his lifetime or by his last will and testament in writing...
Сторінка 634 - It is a mandatory letter from the king, in parchment, sealed with his great seal, and directed to the sheriff of the county wherein the injury is committed, or supposed so to be, requiring him to command the wrong-doer or party accused either to do justice to the complainant, or else to appear in court and answer the accusation against him.