Reports of Cases Argued and Determined in the Court of King's Bench: In Michaelmas, Hilary and Easter Terms in the ... Year[s] of William IV, Volume 4S. Sweet, 1835 - Law reports, digests, etc |
Contents
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Common terms and phrases
act of parliament action affidavit agreement appears apply assignment ASSUMPSIT attorney authority award Barn Barnby Dun bill certiorari constable contrà contract Court covenant Cregrina Cressw debt declaration deed defendant defendant's delivered demise duty Earl of SCARBOROUGH entered entitled estate-tail estoppel evidence execution fact give given ground held Hintlesham indenture Inhabitants intention issue judge judgment jury justices KING land lease lessor liable LITTLEDALE Lord Den Lord DENMAN Lord Tenterden magistrates mandamus matter ment nonsuit notice objection opinion order of sessions overseers paid parish party PATTESON pauper payment person plaintiff plea pleaded possession prisoners promise proviso question recover refused rent respect river Dun rule nisi settlement sheriff shewed cause shewn stamp statute statute of frauds sufficient Suprà Taunton tenant term testator tion trial trustees verdict void warrant WILLIAMS words writ
Popular passages
Page 333 - 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...
Page 185 - In actions of debt on simple contract, other than on bills of exchange and promissory notes, the defendant may plead that "he never was indebted in manner and form as in the declaration alleged...
Page 386 - ... superior courts, shall otherwise order, be liable to pay costs to the defendant in case of being nonsuited, or a verdict passing against the plaintiff, and in all other cases in which he would be liable, if such plaintiff were suing in his own right upon a cause of action accruing to himself; and the defendant shall have judgment for such costs, and they shall be recovered in like manner.
Page 785 - ... the commissioners of sewers for the city and liberty of Westminster, and part of the county of Middlesex; but all the rights, powers, and authorities vested in them shall be as good, valid, and effectual, as if this act had not been made.
Page 331 - ... variance, instead of causing the record or document to be amended as aforesaid, direct the jury to find the fact or facts, according to the evidence, and thereupon such finding shall be stated on such record or document, and, notwithstanding the finding on the issue joined, the said court, or the court from which the record has issued, shall, if they shall think the said variance immaterial to the merits of the case, and the mis-statement such as could not have prejudiced the opposite party in...
Page 374 - ... shall liberate such person if in custody ; and the court at such sessions shall hear and determine the matter of the appeal, and shall make such order therein, with or without costs to either party as to the court shall seem meet ; and in case of the dismissal of the appeal, or the affirmance of the conviction, shall order and adjudge the offender to be punished according to the conviction, and to pay such costs as shall be awarded, and shall, if necessary, issue process for enforcing such judgment.
Page 682 - Forty years next after the time at which such right shall have first accrued, although the person under disability at such time may have remained under one or more of such disabilities during the whole of such Forty years, or although the term of Ten years from the time at which he shall have ceased to be under any such disability or have died, shall not have expired.
Page 669 - ... entry or distress, or to bring an action to recover any land or rent, shall have first accrued, shall be under any of the disabilities herein-before mentioned, or by any person claiming through him, but within forty years...
Page 505 - 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.
Page 343 - Winter must have been proved to have been alive at the time of the second marriage. It is contended that his death ought to have been proved, but the answer is, that the presumption of law is, that he was not alive when the consequence of his being so is, that another person has. committed a criminal act.