A Practical and Elementary Abridgment of the Cases Argued and Determined in the Courts of King's Bench, Common Pleas, Exchequer, and at Nisi Prius: And of the Rules of Court, from the Restoration in 1660, to Michaelmas Term, 4 Geo. IV. With Important Manuscript Cases, Alphabetically, Chronologically, and Systematically Arranged and Translated; with Copius Notes and References to the Year Books, Analogous Adjudications, Text Writers, and Statutes, Specifying what Decisions Have Been Affirmed, Recognised, Qualified, Or Over-ruled; Comprising ... a Practical Treatise on the Different Branches of the Common Law, Volume 1Treadway, 1829 - Law |
Common terms and phrases
action administration Admiralty advowson Affidavit of Debt afterwards alien enemy alleged allocatur amend annuity appeared arrest assumpsit averred bail Baron and Feme bill bishop bond brought Burr Carth Chit church clerk common law costs count Court covenant damages declaration deed defect defendant pleaded defendant's demurrer deponent discharged East Eliz entered entitled execution executor facias fendant fieri facias filed granted grantor Holt indictment issue joinder judge judgment jurat jury justice king King's Bench Lord Raym Lutw memorial ment motion nisi prius nonsuit objection obtained opinion paid party payment person plaintiff plea pleaded in abatement Prac present qui tam Raym recover refused replication rule nisi Salk Saund scire facias seised show cause stat statute Stra sued Taunt term testator tiff tion trespass trial verdict warrant of attorney wife Wils writ of error
Popular passages
Page 4 - And if there be two or more plaintiffs or defendants, and one or more of them shall die, if the cause of action shall survive to the surviving plaintiff or plaintiffs, or against the surviving defendant or defendants...
Page 341 - Majesty, her heirs or successors, or the domestick, or domestick servant of any such ambassador, or other publick minister, may be arrested or imprisoned, or his or their goods or chattels may be distrained, seized, or attached, shall be deemed and adjudged to be utterly null and void to all intents, constructions, and purposes whatsoever.
Page 139 - A rule nisi was subsequently obtained by the defendant to set aside the verdict and enter a nonsuit on the ground that there was no evidence of negligence, and no evidence to show that anything in the nature of a trap existed.
Page 438 - ... at the time of the grant, or secured by the actual transfer of stock in any of the public funds, the dividends whereof are of equal or greater annual value than the said annuity ; nor to any voluntary annuity or...
Page 309 - ... and stations to prevent a surprise, or to favour, if need be, the escape of those who are more immediately engaged. They are all, provided the fact be committed, in the eye of the law present at it ; for it was made a common cause with them, each man operated in his station at one and the same instant towards the same common end ; and the part each man took tended to give countenance, encouragement and protection to the whole gang, and to insure the success of their common enterprise.
Page 150 - Cases may be found in which it is held, that, where the computation is to be made from an act done, the day on which the act is done is to be included.
Page 214 - An advowson collative is where the bishop and patron are one and the same person ; in which case the bishop cannot present to himself; but he does by the one act of collation, or conferring the benefice, the whole that is done in common cases by both presentation and institution.
Page 427 - With respect to animals mansueta naturae, as cows and sheep, as their propensity to rove is notorious, the owner is bound at all events to confine them on his own land; and if they escape, and commit a trespass on the land of another, unless through the defect of fences which the latter ought to repair, the owner is liable to an action of trespass, though he had notice in fact of such propensity.
Page 147 - And, for the protection of persons acting in the execution of this act, be it enacted, that all actions and prosecutions to be commenced against any person for any thing done in pursuance of this act shall be laid and tried in the county where the fact was committed, and shall be commenced within six calendar months after the fact committed...
Page 141 - The plaintiff who brings a second action ought not to leave it to nice investigation to see whether the two causes of action be the same ; he ought to show beyond all controversy that the second is a different cause of action from the first, in which he failed. In this case it is clearly shown that the demand was not inquired into in the former action.