The Law of Nisi Prius, Evidence in Civil Actions, and Arbitration & Awards: With an Appendix of the New Rules, the Statutes of Set-off, Interpleader & Limitation, and the Decisions Thereon, Volume 2 |
Common terms and phrases
action admissible admitted affidavit agreement alleged appear arrears assigned assumpsit attorney bail bond Bing bond breach Bull Burr Camp carrier casual ejector cattle Chitt common carrier common law contract copy copyhold costs court covenant Cowp damages debt deed defendant defendant's delivered demise demurrer detinue distrain distress Doe d Dowl East Eliz entitled entry execution executors fact given grant Gwill heir held horse ibid interest judgment jury Justice land landlord lease lessee lessor liable Litt Lord Lord Ellenborough Lord Tenterden manor ment messuage mortgage nant non est factum notice to quit owner parish parol party payment person plaintiff plea pleaded premises proof proved Raym received recover rent repair rule Runnington Salk Saund seisin sheriff shew Stark stat statute sufficient Taunt tenant in possession term testator trespass trial usurious verdict vide etiam void warranty witness writ
Popular passages
Page 1190 - ... were payable, if such debts or sums be payable by virtue of some written instrument at a certain time, or if payable otherwise then from the time when demand of payment shall have been made in writing, so as such demand shall give notice to the debtor that interest will be claimed from the date of such demand until the time of payment ; provided that interest shall be payable in all cases in which it is now payable by law.
Page 1659 - Court of concurrent jurisdiction, directly upon the point, is as a plea, a bar, or as evidence, conclusive, between the same parties, upon the same matter, directly in question in another Court: secondly, that the judgment of a court of exclusive jurisdiction, directly upon the point, is, in like manner, conclusive upon the same matter, between the same parties, coming incidentally in question in another Court, for a different purpose.
Page 1380 - ... herein-before limited shall have expired, make an entry or distress, or bring an action to recover such land or rent...
Page 1101 - It contained the usual covenants on the part of the lessee to quit and deliver up the premises at the end of the term in as good order and condition "as the same now are.
Page 1533 - ... after the agreement has been reduced into writing, it is competent to the parties, at any time before breach of it, by a new contract not in writing, either altogether to waive, dissolve, or annul the former agreement, or in any manner to add to, or subtract from, or vary, or qualify the terms of it, and thus to make a new contract, which is to be proved partly by the written agreement, and partly by the subsequent verbal terms engrafted upon what will be thus left of the written agreement.
Page 1227 - ... and other payments, according to the time which shall have elapsed from the commencement or last period of payment thereof respectively (as the case may be) including the day of the death of such person, or of the determination of his or her interest...
Page 1331 - ... money charged upon or payable out of any land or rent, or in respect of any legacy, or any damages in respect of such arrears of rent or interest, shall be recovered by any distress, action, or suit but within six years next after the same respectively shall have become due, or next after an acknowledgment of the same in writing shall have been given to the person entitled thereto, or his agent, signed by the person by whom the same was payable, or his agent...
Page 1332 - ... incumbrancer shall have been in possession of any land, or in the receipt of the profits thereof within one year next before an action or suit shall be brought by any person entitled to a subsequent mortgage or other incumbrance on the same land, the person entitled to such subsequent mortgage or incumbrance may recover in such action or suit the arrears of interest which shall have become due during the whole time that such prior mortgagee or incumbrancer was in such possession or receipt as...
Page 1190 - upon all debts or sums certain, payable at a certain time or otherwise, the jury on the trial of any issue, or on any inquisition of damages, may, if they shall think fit, allow interest to the creditor at a rate not exceeding the current rate of interest...
Page 1025 - 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...