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, 1842 - Civil procedure |
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Common terms and phrases
act of Parliament action affidavit aforesaid agreement alleged allocatur amend amount appeared application arbitrator assignees assumpsit authority averment award bankrupt bill of exchange brought Burnby certificate chattels claim commencement contended contract costs covenant creditor custody damages debt declaration deed defendant defendant's delivered demurrer distringas entered entitled evidence execution fact fendant fiat fieri facias given granted ground held indorsed irregularity issue judgment jury justices liable Lord DENMAN matter ment mentioned non est factum nonsuit notice objection obtained officer paid Parliament party PATTESON payment person plaintiff plea premises present rule proceedings Quarter Sessions question recover referred REGINA render replevin replication respect RICKERBY Rule absolute rule nisi rule of Court scire facias Serjt sheriff shewed cause statute sufficient suit taken thereof tiff TINDAL tion trespass trial verdict Vict warrant of attorney WILLIAMS writ of summons
Popular passages
Page 233 - Issue, and give this Act and the special Matter in Evidence, at any Trial to be had thereupon ; and no Plaintiff shall recover in any such Action if Tender of sufficient Amends shall have been made before such Action brought, or if a sufficient Sum of Money shall have been paid into Court after such Action, by or on behalf of the Defendant...
Page 403 - Judge, not material to the merits of the case, and by which the opposite party cannot have been prejudiced in the conduct of his action, prosecution, or defence...
Page 135 - ... every such offender shall be guilty of a misdemeanor, and being convicted thereof, shall be liable, at the discretion of the Court, to be transported beyond the seas for the term of seven years ; or to suffer such other punishment, by fine or imprisonment, or by both, as the Court shall award...
Page 935 - Her Majesty's Justices of the Peace acting in and for the said county...
Page 896 - That all Actions and Prosecutions to be commenced against any Person for anything done in pursuance of this Act shall be laid and tried in the County where the Fact was committed, and shall be commenced within...
Page 480 - 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 709 - Lunacy, whereby any sum of money, or any costs, charges or expenses, shall be payable to any person, shall have the effect of judgments in the Superior Courts of Common Law, and the persons to whom any such monies, or costs, charges or expenses, shall be payable, shall be deemed judgment creditors within the meaning of this Act...
Page 830 - ... committed ; provided the person or persons so dealing with such bankrupt, or at whose suit, or on whose account such execution or attachment shall have issued, had not, at the time of such contract, dealing, or transaction, or at the time of the executing or levying such execution or attachment, notice of any prior act of bankruptcy by him committed...
Page 688 - Judgment, it shall be lawful for the Party or Parties so having obtained Judgment against such Public Officer for the Time being to issue Execution against any Person or Persons who was or were a Member or Members of such Corporation or Copartnership...
Page 498 - Action shall have been or may be brought according to the Practice of such Court, or within such Time and in such Manner as the said Court or any Judge thereof shall direct, after Judgment shall have been recovered in such Action...