Reports of Cases Decided in the Court of Common Pleas ..., Volume 1H. Rowsell, 1852 |
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action admitted aforesaid agreement alleged amount appears assigned assumpsit attornment averred avowry award became due Bing bond breach Breakenridge cause claim clear deed contended count court covenant Daniel Cleal dant debt declaration defendant defendant's demurrer denying ejectment endorsed entered entitled estopped estoppel evidence execution executors fact fee simple Francis Leys fraud granted ground heirs held indenture intestate issue John Phelan judgment jury Justice Keyworth Lake Ontario land landlord learned judge lease lessee lessor liable locus in quo ment mentioned Midland District notice paid party payable payment person plaintiff plea pleaded possession premises present Priestman promissory note proof proved question recover rent replevin replication reversion reversionary right to demise rule Saund seisin shew shewn statute sufficient suit tenant tenuit term therein thereof tiff tion title and interest traverse trespass trial Upper Canada verdict witness writ
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Halaman 365 - A rule having been obtained calling on the plaintiff to shew cause why the verdict should not be set aside, and a new trial had...
Halaman 44 - ... but that every person so offered may and shall be admitted to give evidence on oath, or solemn affirmation in those cases wherein affirmation is by law receivable, notwithstanding that such person may or shall have an interest in the matter in question, or in the event of the trial of any issue, matter, question, or injury, or of the suit, action, or proceeding in which he is offered as a witness, and notwithstanding that such person offered as a witness may have been previously convicted of...
Halaman 44 - Provided that this act shall not render competent any party to any suit, action, or proceeding individually named in the record, or any lessor of the plaintiff, or tenant of premises sought to be recovered in ejectment, or the landlord or other person in whose right any defendant in replevin may make cognizance, or any person in whose immediate and individual behalf any action may be brought or defended, either wholly or in part...
Halaman 288 - 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.
Halaman 7 - York" and by that name they and their successors shall and may have continual succession, and shall be persons in law, capable of suing and being sued, pleading and being impleaded, answering and being answered unto, defending and being defended, in all courts and places whatsoever, in all manner of actions, suits, complaints, matters and causes whatsoever; and...
Halaman 370 - ... of a demand of acceptance, or of payment, therein stated ; and a note or memorandum, personally made or signed by him, at the foot of a protest, or in a regular register of official acts, kept by him, is presumptive evidence that a notice of non-acceptance or non-payment was sent or delivered, at the time, and in the manner, stated in the note or memorandum.
Halaman 308 - Provided always, that nothing herein contained shall extend to any case where the party trespassing acted under a fair and reasonable supposition that he had a right to do the act complained of...
Halaman 21 - ... and give this Act and the special matter in evidence, at any trial to be had thereupon, and that the same was done in pursuance and by the authority of this Act...
Halaman 365 - ... so made, certified and transmitted, shall in all such actions and suits, be allowed to be of the same force and effect. as if the person or persons making the same upon oath or solemn affirmation as aforesaid, had appeared and sworn or affirmed the matters contained in such affidavit or affirmation viva voce in open court...
Halaman 37 - ... no person offered as a witness shall hereafter be excluded by reason of incapacity, from crime or interest, from giving evidence, either in person or by deposition, according to the practice of the court, on the trial of any issue joined, or of any matter or question, or on any inquiry arising in any suit, action, or proceeding, civil or criminal, in any court, or before any judge, jury...