An Abridgment of the Law of Nisi Prius, Volumen2

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P. H. Nicklin & T. Johnson, 1838 - 1620 páginas

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Contenido

The declaration
754
The pleadings
767
Debt on bail bond
770
The declaration
777
The pleadings
779
CHAPTER IX
781
CHAPTER X
785
Who may distrain
787
How a distress may be avoided
792
What may and what may not be distrained
794
In what place a distress should be made
802
In case of fraudulent removal
803
At what time a distress may be taken
805
How a distress should be made
807
How a distress should be disposed of
809
Second distress
813
Rescous or pound breach
814
Remedy for a wrongful distress
815
CHAPTER XI
819
For what things an ejectment will lie
823
Of the title necessary to support ejectment
828
Who may bring ejectment
840
In what cases an actual entry must be made before ejectment
853
Notice to quit
857
The declaration
878
HUSBAND AND WIFE
881
Service of the declaration
889
Of the affidavit of service
899
Judgment by default
902
Appearance of the defendant and proceedings there upon
905
When the court will stay the proceedings
911
Of proceedings under i G IV c 87 where the tenant holds over
918
Of the evidence
921
Of the trial judgment and execution
942
Costs
946
Writ of error
948
Trespass for mesne profits
949
CHAPTER XII
955
Of an executor de son tort
957
Administrators
962
Administration cum testamento annexo
963
Administration de bonis non
964
Of limited administrations
965
Of bona notabilia
968
Of the interest which an executor or administrator takes in the estate of the deceased
972
Of the disposition of the estate of the deceased
975
Of the liability of an executor or administrator in respect of the acts of the deceased
984
spect of his own acts
987
Actions by executors and administrators
993
Actions against executors or administrators
1002
SIV Admission of assets Devastavit
1008
Costs C
1009
Judgment
1011
Administration bond
1012
CHAPTER XIII
1015
Sections 1 and 2 Leases
1016
Section 3 Assignment or surrender of title
1019
Sec 4
1021
Promise by an executor to pay the debt of the testator
1022
Promise to answer for the debt default or miscarriage of another
1023
Statement of the consideration
1031
Agreements in consideration of marriage
1038
Contracts for the sale of lands
1039
Agreements not to be performed within a year
1044
Memorandum or note in writing
1046
Agent
1050
What contracts for the sale of goods are within these enactments
1051
Delivery and acceptance XVI Earnest
1054
Note or memorandum in writing
1059
Agent
1062
Pleadings
1065
CHAPTER XIV
1067
Fraudulent misrepresentation respecting the subject matter of a contract
1077
Wifes separate estate
1082
Of the liability of the husband in respect of the con tracts of his wife
1089
When a married woman is considered as a feme sole
1100
Wifes privilege from arrest
1105
Actions by husband and wife
1107
Actions against husband and wife 1118
1118
Deeds of separation
1121
CHAPTER XVI
1125
What may be insured
1129
General average
1176
Partial loss Particular average
1178
Adjustment 1180
1180
Warranties
1181
Seaworthiness
1189
Deviation
1192
Illegal voyage
1199
Misrepresentation and concealment 1203
1203
Return of premium
1214
Bottomry and respondentia
1217
Consolidation rule 1221
1221
Evidence
1223
Insurance upon lives
1228
Insurance against fire
1233
CHAPTER XVII
1240
When the statute begins to
1242
Avoiding the statute by issuing process
1251
What acknowledgment will obviate the statute VI 9G IV c 14 Lord Tenterdens
1253
What promise will avoid the 9 Geo IV c 14
1258
Part payment on account
1265
Payment by one of several joint debtors
1266
What amounts to payment
1270
By and to whom the promise must be made
1271
The pleadings
1272
Evidence XIV Limitation of actions in respect of realties XV Limitation of actions upon specialties 1253 1256 1258 1265 1266 1270
1275
MALICIOUS PROSECUTION 1287 1 When an action will lie for a malicious prosecution II When
1287
an action on the case will lie for a malicious arrest
1289
IJI Malice and want of probable cause
1290
Determination of the original suit
1294
The declaration and pleadings
1295
Evidence
1298
CHAPTER XIX
1302
Hearing counsel
1303
Amending the record
1309
Judges certificate respecting costs
1315
Speedy execution 1315
1321
CHAPTER XX
1323
By and against whom replevin may be maintained
1324
SEC PAGE III Mode of proceeding in replevin
1325
The declaration 1928
1328
The pleadings
1329
Avowries and cognizances
1331
Subsequent pleadings
1335
Evidence
1337
Judgment
1339
Costs Practice
1341
Writs of recaption and second deliverance
1343
Proceedings on the replevin bond
1344
Proceedings against the sheriff for taking insufficient pledges
1347
CHAPTER XXI
1350
Words spoken in respect of office profession c
1355
Special damage 1957
1357
Slander of title
1359
Libel
1360
Scandalum magnalum
1362
VII Privileged communications
1363
Privileged publications 1971
1371
Disclosing the name of the author of the slander
1376
The declaration
1377
The pleadings
1389
Evidence
1393
Costs
1400
CHAPTER XXII
1401
Trespass to personal property
1405
Trespass for assault and battery
1409
The declaration
1412
The pleadings
1413
Replication
1418
New assignment
1422
Damages
1430
Trespass for false imprisonment
1432
SEC PAOE
1438
The declaration
1446
Crior con
1455
Trespass for seduction
1462
Special property
1474
CHAPTER XXIV
1503
CHAPTER XXV
1511
Witnesses
1518
Proof of a will
1529
APPENDIX
1542
INDEX
1577

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Página 1048 - That no contract for the sale of any goods, wares, and merchandise, for the price of ten pounds sterling or upwards, shall be allowed to be good, except the buyer shall accept part of the goods so sold, and actually receive the same...
Página 1022 - ... or upon any agreement that is not to be performed within the space of one year from the making thereof; unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing and signed by the party to be charged therewith, or some other person thereunto by him lawfully authorized.
Página 1534 - Hereditament, it shall go to the Executor or Administrator of the Party that had the Estate thereof by virtue of the Grant...
Página 1309 - ... not material to the merits of the case, and by which the opposite party cannot have been prejudiced in the conduct of his action, prosecution, or defence...
Página 1535 - Act it is enacted6 that if any person shall attest the execution of any will to whom, or to whose wife, or husband any beneficial devise, legacy, estate, interest, gift or appointment of, or affecting any real or personal estate (other than and except charges and directions for the payment of any debt or debts) shall be thereby given or made, such devise, legacy, estate, gift or appointment shall, so far only as concerns such person attesting the execution of such will, or the wife or husband of...
Página 1538 - 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 snch Power, unless a contrary Intention shall appear by the Will...
Página 1539 - 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 1538 - die without leaving Issue," or " have no Issue," or any other Words which may import either a Want or Failure of Issue of any Person in his Lifetime or at the Time of his Death, or an indefinite Failure of...
Página 1516 - ... shall be signed at the foot or end thereof by the testator, or by some other person in his presence and by his direction; and such signature shall be made or acknowledged by the testator in the presence of two or more witnesses present at the same time, and such witnesses shall attest and shall subscribe the will in the presence of the testator, but no form of attestation shall be necessary.
Página 1532 - Service," and to any other testamentary disposition ; and the words " real estate" shall extend to manors, advowsons, messuages, lands, tithes, rents, and hereditaments, whether freehold, customary freehold, tenant right, customary or copyhold, or of any other tenure, and whether corporeal, incorporeal, or personal, and to any undivided share thereof, and to any estate, right, or interest (other than a chattel interest) therein ; and the words

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