The Practice of the Courts of King's Bench and Common Pleas in Personal Actions, Volume 1

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J. Butterworth and Son, and W. Reed, 1817
 

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Halaman 595 - ... pleading the general issue, where any such debt of the plaintiff his testator or intestate, is intended to be insisted on in evidence, notice shall be given of the particular sum or debt so intended to be insisted on, and upon what account it became due, or otherwise such matter shall not be allowed in evidence upon such general issue.
Halaman 15 - ... he looked upon the independence and uprightness of the judges as essential to the impartial administration of justice; as one of the best securities of the rights and liberties of his subjects; and as most conducive to the honor of the crown.
Halaman 183 - ... be entitled to prove his demand in respect of such payment as a debt under the commission...
Halaman 381 - Such as are called mutual and independent, where either party may recover damages from the other for the injury he may have received by a breach of the covenants in his favor, and where it is no excuse for the defendant to allege a breach of the covenants on the part of the plaintiff.
Halaman 383 - 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 4 - An annuity is a yearly payment of a certain sum of money granted to another in fee, for life or years, charging the person of the grantor only.
Halaman 176 - ... courts, that to his or their knowledge the original sum justly due and owing to the plaintiff or plaintiffs from the defendant or defendants, in the action or cause of action on which such process shall issue, or the original debt for which such execution shall be...
Halaman 596 - ... notwithstanding that such debts are deemed in law to be of a different nature; unless in cases where either of the said debts shall accrue by reason of a penalty contained in any bond or specialty, and.
Halaman 34 - ARTICLES of CLERKSHIP, or contract, whereby any person shall become bound to serve as a clerk, in order to...
Halaman 381 - His lordship then proceeded to say, that the dependence or independence of covenants was to be collected from the evident sense and meaning of the parties, and that, however transposed they might be in the deed, their precedency must depend on the order of time in which the intent of the transaction requires their performance.

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