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] ..S. Sweet, 1840 - Civil procedure |
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Other editions - View all
Reports of Cases Argued and Determined in the King's Bench ..., Volume 5 Great Britain Court of Exchequer No preview available - 2015 |
Common terms and phrases
act of Parliament affidavit aforesaid ALDERSON alleged allocatur amount appear application arbitrator arrest assignees assumpsit attorney averment award bail bill brought capias cause of action certificate cognovit commenced contended contract count creditor custody damages debt declaration defendant defendant pleaded defendant's delivered demurrer distringas entered entitled evidence execution fendant fieri facias GRAND JUNCTION RAILWAY granted ground held indorsed Interpleader issue judgment jury learned judge liable Lord ABINGER matter ment mentioned mesne process nisi prius nonsuit notice objection obtained a rule officer paid PARKE party payment person petition plaintiff plea present prisoner proceedings pursuant question recognizance recover reference replication Rule absolute Rule discharged rule nisi security for costs set-off sheriff shewed cause shewn statute sufficient suit taken taxed thereof TINDAL tion trespass trial trover umpire verdict Vict warrant of attorney writ of summons
Popular passages
Page 154 - ... expressly named by him and attending at his request, to inform him of the nature and effect of such warrant or cognovit, before the same is executed ; which attorney shall subscribe his name as a witness to the due execution thereof, and thereby declare himself to be attorney for the person executing the same, and state that he subscribes as such attorney.
Page 338 - ... imperfectly stated or omitted, and without which it is not to be presumed that either the judge would direct the jury to give, or the jury would have given, the verdict, such defect, imperfection or omission, is cured by the verdict...
Page 172 - In all cases in which any particular number of days, not expressed to be clear days, is prescribed by this Act or by these orders, the same shall be reckoned exclusively of the first day, and inclusively of the last day...
Page 236 - ... and in any such action the defendant may plead the general issue, and give this Act and the special matter in evidence at any trial to be had thereupon...
Page 784 - So the giving up a suit or proceedings, instituted to try a question respecting which the law is doubtful, is a good consideration for a promise to pay a stipulated sum...
Page 552 - August, 1821, if any person shall accept a bill of exchange payable at the house of a banker or other place, without further expression in his acceptance, such acceptance shall be deemed and taken to be, to all intents and purposes, a general acceptance of such bill. But if the acceptor shall, in his acceptance, express, that he accepts the bill payable at a banker's house or other place...
Page 194 - That in all cases in which any particular number of days, not expressed to be clear days, is prescribed by the rules or practice of the courts, the same shall be reckoned exclusively of the first day and inclusively of the last day...
Page 130 - The eighty-first section enacts, that all conveyances by, and all contracts and other dealings and transactions by and with, any bankrupt bona fide made and entered into...
Page 401 - Proceedings shall and may be had upon such Judgment as may seem fit to the Discretion of the said Court, from Time to Time, until the whole of the Debts due to the several Persons against whom such Discharge shall have been obtained shall be fully paid and satisfied...
Page 130 - ... shall be deemed valid, notwithstanding any prior act of bankruptcy by such bankrupt committed; and such creditor shall not be liable to refund the same to the assignees of such bankrupt, provided the person so dealing with the said bankrupt had, not, at the time of such payment by or to such bankrupt, notice of any act of bankruptcy by such bankrupt committed.