An Abridgment of the Law of Nisi Prius ...W. Clarke and Sons, 1812 - 1250 halaman |
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Halaman 8
... rule in pleading , that the plea must answer every material part of the declaration . If a plea begin with an an swer to the whole , but in truth the matter pleaded be only an an- swer to part , the plea is bad , and the plaintiff may ...
... rule in pleading , that the plea must answer every material part of the declaration . If a plea begin with an an swer to the whole , but in truth the matter pleaded be only an an- swer to part , the plea is bad , and the plaintiff may ...
Halaman 33
... Rule discharged . In framing justifications in defence of possession , it is not necessary for the defendant to set forth the particulars of his title ; it is sufficient to state that defendant was pos- sessed , & c . for this is merely ...
... Rule discharged . In framing justifications in defence of possession , it is not necessary for the defendant to set forth the particulars of his title ; it is sufficient to state that defendant was pos- sessed , & c . for this is merely ...
Halaman 35
... rule of pleading that the party justifying must shew and admit the fact . The fact admitted must also amount in law to a battery by the de- fendant , otherwise it will not be tantamount to an admis- sion , and the plea will be bad , as ...
... rule of pleading that the party justifying must shew and admit the fact . The fact admitted must also amount in law to a battery by the de- fendant , otherwise it will not be tantamount to an admis- sion , and the plea will be bad , as ...
Halaman 36
... rule , must follow the place laid in the declaration . If a justification be at the same time and place , it is need- less to aver , that it is the same trespass . Where the defendant pleads a local justification , the plaintiff may ...
... rule , must follow the place laid in the declaration . If a justification be at the same time and place , it is need- less to aver , that it is the same trespass . Where the defendant pleads a local justification , the plaintiff may ...
Halaman 45
... rule of the civil law , ex nudo pacto non oritur actio . Any act of the plaintiff , from which the defendant de- rives a benefit or advantage , or any labour , detriments , or inconvenience sustained by the plaintiff , however small the ...
... rule of the civil law , ex nudo pacto non oritur actio . Any act of the plaintiff , from which the defendant de- rives a benefit or advantage , or any labour , detriments , or inconvenience sustained by the plaintiff , however small the ...
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Istilah dan frasa umum
acceptance acceptor act of bankruptcy action brought action for money adjudged afterwards agreement appear arrest assigned assumpsit averred bankrupt bill of exchange bond breach Buller Burr Camp carrier Carth cause of action cited commission common law consideration contract court covenant coverture Cowp creditor damages deed defendant pleaded defendant's delivered demised demurrer detinue discharged distrain Doug drawer East East's Eliz endorser evidence execution executor feme covert fendant given heir holden Holt C. J. indenture Inst issue judgment jury land latitat lease lessee lessor liable Lord Ellenborough C. J. Lord Hardwicke Lord Mansfield marriage ment non est factum notice observed opinion paid party payable payee payment person plaintiff plea promise promissory note prove Raym received recover rent rule Salk sheriff shew stat statute sued sufficient tenant testator tion trade trespass usury verdict void Wils writ
Bagian yang populer
Halaman 443 - After verdict for the plaintiff, it was moved in arrest of judgment that the action would not lie for this false affirmation, but the plaintiff ought to have informed himself by others.
Halaman 239 - ... in the same manner as if the action had been brought by and in the name of the deceased.
Halaman 464 - The distinction is very clear, where mutual covenants go to the whole of the consideration on both sides, they are mutual conditions, the one precedent to the other. But where they go only to a part, where a breach may be paid for in damages, there the Defendant has a remedy on his covenant, and shall not plead it as a condition precedent.
Halaman 224 - ... if he shall have paid the debt, or any part thereof, in discharge of the whole debt...
Halaman 459 - When a ship is driven on shore, it is the duty of the master either to repair his ship, or to procure another; and having performed the voyage, he is then entitled to his freight ; but he is not entitled to the whole freight, unless he perform the whole voyage, except in cases where the owner of the goods prevents him ; nor is he entitled pro rata unless under a new agreement.
Halaman 226 - ... petition to the Lord Chancellor, Lord Keeper or Lords Commissioners of the Great Seal...
Halaman 124 - ... and this he is ready to verify; wherefore he prays judgment if the plaintiff ought further to maintain his action.
Halaman 411 - And this difference was taken, that where the law creates a duty or charge, and the party is disabled to perform it without any default in him, and hath no remedy over, there the law will excuse him.
Halaman 137 - Defendant, or if either Party sue or be sued as Executor or Administrator, where there are mutual Debts between the Testator or Intestate and either Party, one Debt may be set against the other, and such Matter may be given in Evidence upon the General Issue, or pleaded in Bar, as the Nature of the Case shall require...
Halaman 230 - That where it shall appear to the commissioners, or the major part of them, that there hath been mutual credit given by the bankrupt and any other person...