The Reports of the Most Learned Sir Edmund Saunders: Late Lord Chief Justice of the King's Bench : of Several Pleadings and Cases in the Court of King's Bench in the Time of the Reign of His Most Excellent Majesty King Charles the SecondWilliam Benning & Company, 1845 |
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Página 71
... evidence under the general issue . [ If such a special plea as above suggested be pleaded to the whole rent in the de- claration , it will not be a good bar , unless it shews that there were no profits at all ; because the executor is ...
... evidence under the general issue . [ If such a special plea as above suggested be pleaded to the whole rent in the de- claration , it will not be a good bar , unless it shews that there were no profits at all ; because the executor is ...
Página 71
... evidence of a trespass committed on all , or any of , the days ; and since the continuing of a trespass from day to day is considered in law a several tres- pass on each day , and must be directly and positively answered by the defend ...
... evidence of a trespass committed on all , or any of , the days ; and since the continuing of a trespass from day to day is considered in law a several tres- pass on each day , and must be directly and positively answered by the defend ...
Página 71
... evidence without being pleaded . 8 East , 445 . Ingram v . Milnes . In answer , it may be shewn that the arbitrator had no notice of the other matters ; and he may be called to prove this . 4 T. R. 146 . Ravee v . Farmer . Where the ...
... evidence without being pleaded . 8 East , 445 . Ingram v . Milnes . In answer , it may be shewn that the arbitrator had no notice of the other matters ; and he may be called to prove this . 4 T. R. 146 . Ravee v . Farmer . Where the ...
Página 71
... evidence aliunde to fix one of the defendants with liability to a greater amount . 6 Mees . & W. 9. 1 Man . & Gr . 873. In an action of tort , the plea of payment into court admits the cause of action as alleged . 9 C. & P. 771. Lloyd v ...
... evidence aliunde to fix one of the defendants with liability to a greater amount . 6 Mees . & W. 9. 1 Man . & Gr . 873. In an action of tort , the plea of payment into court admits the cause of action as alleged . 9 C. & P. 771. Lloyd v ...
Página 71
... evidence in any " case wherein he is now , or hereafter ❝ shall be , entitled to do so by virtue ofany “ Act of Parliament now or hereafter to " be in force , " it has been held that the defendant may still plead nil debet in an action ...
... evidence in any " case wherein he is now , or hereafter ❝ shall be , entitled to do so by virtue ofany “ Act of Parliament now or hereafter to " be in force , " it has been held that the defendant may still plead nil debet in an action ...
Términos y frases comunes
action of debt action thereof afterwards alleged antè appears appurtenances arbitrator assigns assumpsit attorney attornment averment award bill Bing Blessed Virgin Mary bond breach cattle cited common law contract court covenant damages declaration deed defendant pleaded demised demurrer devised DUPPA East Eliz esquire execution executor fendant fieri facias grant Harridge heirs held Ibid indenture issue John John Glascock Jones jury justices king at Westminster land lease lessee lessor lord the king Lutw manor Mees ment messuage nolle prosequi non est factum oyer paid parish parties payment person plaintiff plea premises Raym recover reign rent replevin replication Richard Salk Saund says scire facias Scott seal seised sheriff shew Smith stat statute Taunt tenant tenements term testator Thomas tion traverse trespass verdict void wherefore William words writ writing obligatory
Pasajes populares
Página 228 - ... defectively or imperfectly stated or omitted, and without which it is not to be presumed that either the judge would direct the jury to give or the jury would have given the verdict, such defect, imperfection, or omission is cured by the verdict by the common law.
Página 322 - But the rule of law is clear, that, where one by his words or conduct wilfully causes another to believe the existence of a certain state of things, and induces him to act on that belief, so as to alter his own previous position, the former is concluded from averring against the latter a different state of things as existing at the same time."* In Freeman v.
Página 331 - CD, administrator of all and singular, the goods and chattels, rights and credits, which were of the said A. B.
Página 274 - That every will shall be construed, with reference to the real estate and personal estate comprised in it, to speak and take effect as if it had been executed immediately before the death of the testator, unless a contrary intention shall appear by the will.
Página 226 - No action shall be brought whereby to charge any executor or administrator, upon any special promise, to answer damages out of his own estate ; or whereby to charge the defendant upon any special promise to answer for the debt, default, or miscarriage of another person...
Página 298 - Illinois, administrator of all and singular the goods and chattels, rights and credits, which were of the said...
Página 342 - AB, as for his costs and charges by him about his suit in that behalf expended...
Página 274 - ... some writing declaring an intention to revoke the same, and executed in the manner in which a will is hereinbefore required to bo executed, or by the burning, tearing, or otherwise destroying the same by the testator, or by some person in his presence and by his direction, with the intention of revoking the same.
Página 322 - AB within-bounden, being thereunto required, do render and deliver the said letters of administration (approbation of such testament being first had and made) in the said court ; then this obligation to be void and of none effect, or else to remain in full force and virtue.
Página 274 - That no will or codicil or any part thereof, shall be revoked otherwise than as aforesaid, or by another will or codicil, executed in manner hereinbefore required, or by some writing declaring an intention to revoke the same, and executed in the manner in which a will is hereinbefore required to be executed, or by the burning, tearing, or otherwise destroying the same by the testator, or by some...