A Practical Treatise of the Law of Evidence, and Digest of Proofs, in Civil and Criminal Proceedings, Volumen1V. and R. Stevens and G. S. Norton, 1842 |
Dentro del libro
Resultados 1-5 de 100
Página 737
... trespass may be waived , and the plaintiff may recover in an action on the case , in respect of the consequential damage ( s ) . Where the action is brought against the defendant for the negligence of By the his agent , it is necessary ...
... trespass may be waived , and the plaintiff may recover in an action on the case , in respect of the consequential damage ( s ) . Where the action is brought against the defendant for the negligence of By the his agent , it is necessary ...
Página 738
... trespass is the necessary , or even the natural consequence , the master is liable even in trespass . Gre- gory v . Piper , K. B. after Easter Term 1829. Even although the master limited his authority , by directing the servant not to ...
... trespass is the necessary , or even the natural consequence , the master is liable even in trespass . Gre- gory v . Piper , K. B. after Easter Term 1829. Even although the master limited his authority , by directing the servant not to ...
Página 759
... trespass , where the defendant insists upon a release exe- cuted by the plaintiff , and in terms including the trespass in question , the plaintiff cannot defeat the effect of the release by proof that the arbitrators who awarded the ...
... trespass , where the defendant insists upon a release exe- cuted by the plaintiff , and in terms including the trespass in question , the plaintiff cannot defeat the effect of the release by proof that the arbitrators who awarded the ...
Página 953
... Trespass for execu- tion of dis- tress - war- In an action of trespass for executing a warrant of distress under a poor's rate , it is not competent to the plaintiff to object to the validity of the rate itself , for that is matter of ...
... Trespass for execu- tion of dis- tress - war- In an action of trespass for executing a warrant of distress under a poor's rate , it is not competent to the plaintiff to object to the validity of the rate itself , for that is matter of ...
Página 957
... trespass produces a warrant , in order to connect the act of the bailiff with the defendant , the warrant is not evidence of the writ which it recites ; for it is necessary that he should produce it to show the defendant's agency , and ...
... trespass produces a warrant , in order to connect the act of the bailiff with the defendant , the warrant is not evidence of the writ which it recites ; for it is necessary that he should produce it to show the defendant's agency , and ...
Otras ediciones - Ver todas
A Practical Treatise On the Law of Evidence: And Digest of Proofs, in Civil ... Thomas Starkie,Theron Metcalf Sin vista previa disponible - 2023 |
Términos y frases comunes
action admissible admitted afterwards agent agreement alleged assignment assumpsit bailiff bill bill of lading Bing Burr Camp claim contract Court court of equity Cowp damages debt declaration deed defendant defendant's delivered delivery dence East Ellenborough entitled to recover execution fact fraud given grant Gwill held Ibid indorsed infra instrument intention issue judgment jury land latitat lease liable Lord Lord Ellenborough Lord Kenyon Lord Mansfield marriage matter ment notice owner paid parish parol evidence particular partner party payment Peake's person plaintiff plea pleaded possession premises presumed presumption principal proof prove received refused rent replevin rule seems seisin sheriff ship sold stamp Starkie's stat statute Statute of Frauds sufficient Supra Taunt tenant tender testator tion tithes trespass trover usurious vendee vendor verdict warrant witness writ
Pasajes populares
Página 1285 - ... a bequest of the personal estate of the testator, or any bequest of personal property described in a general manner, shall be construed to include any personal estate, or any personal estate to which such description shall extend (as the case may be), which he may have power to appoint in any manner he may think proper, and shall operate as an execution of such power, unless a contrary intention shall appear by the will.
Página 1254 - Kent, or the custom of any borough, or any other particular custom, shall be in writing, and signed by the party so devising the same, or by some other person in his presence and by his express directions, and shall be attested and subscribed in the presence of the said devisor by three or four credible witnesses, or else they shall be utterly void and of none effect.
Página 1285 - ... and not an indefinite failure of his issue, unless a contrary intention shall appear by the will, by reason of such person having a prior estate tail, or of a preceding gift being, without any implication arising from such words, a limitation of an estate tail to such person or issue, or otherwise : Provided, that this act shall not extend to cases where such words as aforesaid import if no issue described in a preceding gift shall be born, or if there shall be no issue who shall live to attain...
Página 1285 - ... or bequeathed for any estate or interest not determinable at or before the death of such person, shall die in the lifetime of the testator leaving issue, and any such issue of such person shall be living at the time of the death of the testator, such devise or bequest shall not lapse, but shall take effect as if the death of such person had happened immediately after the death of the testator, unless a contrary intention shall appear by the will.
Página 1282 - That no appointment made by will, in exercise of any power, shall be valid, unless the same be executed in manner herein-before required; and every will executed in manner hereinbefore required shall, so far as respects the execution and attestation thereof, be a valid execution of a power of appointment by will, notwithstanding it shall have been expressly required that a will made in exercise of such power should be executed with some additional or other form of execution or solemnity.
Página 921 - ... claim may be defeated in any other way by which the same is now liable to be defeated...
Página 1283 - That no obliteration, interlineation, or other alteration made in any will after the execution thereof shall be valid or have any effect, except so far as the words or effect of the will before such alteration shall not be apparent...
Página 988 - In actions of trespass quare clausumfregit, the plea of not guilty shall operate as a denial that the defendant committed the trespass alleged in the place mentioned, but not as a denial of the plaintiff's possession or right of possession of that place, which if intended to be denied, must be traversed specially.
Página 987 - II. In Covenant and Debt. 1. In debt on specialty or covenant, the plea of non est faclum shall operate as a denial of the execution of the deed in point of fact only ; and all other defences shall be specially pleaded, including matters which make the deed absolutely void, as well as those which make it voidable.
Página 921 - ... years, the right thereto shall be deemed absolute and indefeasible, unless it shall appear that the same was enjoyed by some consent or agreement expressly given or made for that purpose by deed or writing.