The Common Law Procedure Act: With Numerous Notes, Explanatory of Its Practical Effect, as to Process, Practice, and Pleading; and an Introductory Essay ...V. & R. Stevens and G.S. Norton, 1852 - 484 pages |
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Page 11
... condition broken , and on that issue shall be taken ; for , primá facie , the count is good , as it alleges the conditions are broken ( 3 Hen . VI . 6 , M. f . 8 ) . ( b ) And a count in case against an innkeeper , and demurrer for not ...
... condition broken , and on that issue shall be taken ; for , primá facie , the count is good , as it alleges the conditions are broken ( 3 Hen . VI . 6 , M. f . 8 ) . ( b ) And a count in case against an innkeeper , and demurrer for not ...
Page 12
... condition or material differ- ence , he could not , by denying the contract in toto , defeat the plaintiff upon its appearing that there was something else in the contract , unless the statement in the declaration was wholly false , and ...
... condition or material differ- ence , he could not , by denying the contract in toto , defeat the plaintiff upon its appearing that there was something else in the contract , unless the statement in the declaration was wholly false , and ...
Page 12
... condition , and that the plaintiff should then show , on his part , some deed not delivered ; and so the issue should be taken on some certain point " ( 4 Hen . VII . , T. 7 ; 20 Edw . IV . , T. f . 5 ; 6 Hen . VIII . 4 ; 9 Hen . VI . 8 ) ...
... condition , and that the plaintiff should then show , on his part , some deed not delivered ; and so the issue should be taken on some certain point " ( 4 Hen . VII . , T. 7 ; 20 Edw . IV . , T. f . 5 ; 6 Hen . VIII . 4 ; 9 Hen . VI . 8 ) ...
Page 12
... condition was to show a lawful and sufficient discharge , and that he had done so , the court said it was a bad plea , solely for the reason that it would leave a question of law to the jury , i . e . " what was lawful and suf- ficient ...
... condition was to show a lawful and sufficient discharge , and that he had done so , the court said it was a bad plea , solely for the reason that it would leave a question of law to the jury , i . e . " what was lawful and suf- ficient ...
Page 33
... condition to stand was , award to be made before a certain day ; and no award made before that day . Replication , an award before that day . Rejoinder , no notice of it before the day . Held bad , as a departure ( 7 Hen . VIII . 8 ...
... condition to stand was , award to be made before a certain day ; and no award made before that day . Replication , an award before that day . Rejoinder , no notice of it before the day . Held bad , as a departure ( 7 Hen . VIII . 8 ...
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Common terms and phrases
abatement admitted affidavit alleged allowed amendment ancient appear apply arrest of judgment assumpsit attorney averment bail Barrister-at-Law Bing bond breach cause of action claimant clause commencement common law concurrent writ contract costs count court or judge covenant debt deed default defendant pleaded defendant's delivered demurrer deny detinue Dowl ejectment Eliz entitled Exch execution facts fendant held bad indebitatus indorsed issue joinder justice lease ment nisi prius non est factum notice of trial objection paid party payment performance person plaintiff declared plaintiff in error plea plea in abatement possession practice principles of pleading proceedings proof prove recover reign replication respect rule Salk scire facias sheriff special jury statute statute of Anne substance sufficient suit system of pleading tenant term thereof tiff tion traverse trespass usury verdict writ of summons Yelv
Popular passages
Page 263 - Judge shall certify that the refusal to admit was reasonable ; and no costs of proving any document shall be allowed unless such notice be given, except...
Page 194 - Court may be entered for such sum as shall be so agreed or ascertained, with or without costs, as the case may be, and execution may issue upon such judgment forthwith, unless otherwise agreed, or unless stayed by proceedings in error.
Page 280 - ... cause why damages in such action should not be assessed and recovered by him or them ; and if such defendant, his executors or administrators, shall appear at the return of such writ, and not...
Page 268 - ... may also levy the poundage fees and expenses of the execution over and above the sum recovered by the judgment.
Page 337 - ... or defendant in person, as the case may be, mentioning the city, town, or parish, and also the name of the hamlet, street, and number of the house of such plaintiff's or defendant's residence, if any such there be.
Page 336 - We command you, that within [here insert a sufficient number of days within which the defendant might appear, with reference to the distance he may be at from England] days after the service of this writ on you, inclusive of the day of such service, you do cause an appearance to be entered...
Page 316 - ... ejectment shall not be for the recovery of any messuage, then upon some notorious place of the lands, tenements or hereditaments, comprised in such...
Page 317 - ... was served, and that no sufficient distress was to be found on the demised premises, countervailing the arrears then due, and that the lessor...
Page 269 - And the writ shall in such case be renewed by being marked with a seal bearing the date of the day, month, and year of such renewal ; such seal to be provided and kept for that purpose at the proper office, and to be impressed upon the writ by the proper officer, upon delivery to him by the plaintiff or his solicitor of a memorandum in Form No.
Page 326 - ... whether the defect or error be that of the party applying to amend or not ; and all such amendments may be made with or without costs, and upon such terms as to the...