An Abridgment of the Law of Nisi Prius, Volumen1W. Clarke, 1817 - 1313 páginas |
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Página vii
William Selwyn. CONTENTS OF VOL . I. CHAP . I. Of the Action of Account . I. In what Cases the Action of Account may be maintained II . Of the Pleadings and Evidence Page 1 4 5 1. To Account , 5 ; .2 . Final , 7 . IV . Execution 7 III ...
William Selwyn. CONTENTS OF VOL . I. CHAP . I. Of the Action of Account . I. In what Cases the Action of Account may be maintained II . Of the Pleadings and Evidence Page 1 4 5 1. To Account , 5 ; .2 . Final , 7 . IV . Execution 7 III ...
Página 1
... Action of Account may be maintained . A PREFERENCE , of late years , having been given to the mode of proceeding by ... action of account has in a great measure fallen into disuse . It will not , therefore , be necessary to enter fully ...
... Action of Account may be maintained . A PREFERENCE , of late years , having been given to the mode of proceeding by ... action of account has in a great measure fallen into disuse . It will not , therefore , be necessary to enter fully ...
Página 2
... action did not lie for one joint - tenant , or tenant in common , against his companion , although he should have taken the whole profits to his own use , unless he had been appointed bailiff to render an account . But now , by stat . 4 ...
... action did not lie for one joint - tenant , or tenant in common , against his companion , although he should have taken the whole profits to his own use , unless he had been appointed bailiff to render an account . But now , by stat . 4 ...
Página 3
... action of account and not of assumpsit " ; but for the balance of an account assumpsit lies , though the items on each side are numerous . 5 Taunt . 431 . At the common law , executors in general could not have this action for an ...
... action of account and not of assumpsit " ; but for the balance of an account assumpsit lies , though the items on each side are numerous . 5 Taunt . 431 . At the common law , executors in general could not have this action for an ...
Página 4
... actions of account ( other than such accounts as concern the trade of merchandize be- tween merchant and merchant , their factors , or servants , ) must be commenced and sued within six years next after the cause of action . If the ...
... actions of account ( other than such accounts as concern the trade of merchandize be- tween merchant and merchant , their factors , or servants , ) must be commenced and sued within six years next after the cause of action . If the ...
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Términos y frases comunes
acceptance acceptor act of bankruptcy action brought action for money action of debt afterwards agreement appear arrest assignment assumpsit averred bail-bond bankrupt bill of exchange bond breach Buller Burr Camp carrier cited commission common law condition consideration contract court covenant coverture creditor damages declaration deed defendant pleaded defendant's delivered demised demurrer detinue discharged distrain Doug drawer East East's Eliz evidence execution executor feme covert fendant given heir holden husband indenture indorser Inst issue judgment jury land lease lessee lessor liable Lord Ellenborough Lord Kenyon Lord Mansfield marriage ment non est factum notice obligor 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 Taunt tenant testator tion trade trespass usury verdict void wife Wils writ
Pasajes populares
Página 234 - ... if he shall have paid the debt, or any part thereof, in discharge of the whole debt...
Página 252 - ... in the same manner as if the action had been brought by and in the name of the deceased.
Página 466 - After non-assumpsit pleaded, and a verdict for the plaintiff, it was moved in arrest of judgment that the plaintiff could not bring his action, for he was a stranger to the consideration.
Página 360 - ... and also every such note payable to any person or persons, his, her, or their order, shall be assignable or indorsable over in the same manner as inland bills of exchange are or may be, according to the custom of merchants...
Página 164 - ... 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...
Página 525 - Nota, every contract made for or about any matter or thing which is prohibited and made unlawful by any statute, is a void contract, though the statute itself doth not mention that it shall be so but only inflicts a penalty on the offender; because a penalty implies a prohibition though there are no prohibitory words in the statute
Página 516 - ... but with this constant diversity, viz.: where the restraint is general not to exercise a trade throughout the kingdom, and where it is limited to a particular place; for the former of these must be void, being of no benefit to either party, and only oppressive, as shall be shown by-and-by."2 IN ENGLAND.
Página 164 - 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, or give something in earnest to bind the bargain, or in part payment...
Página 142 - 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...
Página 540 - that where there are mutual debts between the plaintiff and 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...