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 |
From inside the book
Results 1-5 of 100
Page 8
... Declarations , Pleadings , and Evidence , in Actions upon Bills of Exchange , Notes , Cheques , & c . , Policies of ... Declaration , Justification , Indictments , & c . Second Edition , with very considerable Additions . By Thomas ...
... Declarations , Pleadings , and Evidence , in Actions upon Bills of Exchange , Notes , Cheques , & c . , Policies of ... Declaration , Justification , Indictments , & c . Second Edition , with very considerable Additions . By Thomas ...
Page 38
... declarations force the defendant to answer , and are the foundation whereupon the court is to give judgment , it is ... declaration the plaintiff shall not have judgment ; and it is not remedied by the statute , for faults in the matter ...
... declarations force the defendant to answer , and are the foundation whereupon the court is to give judgment , it is ... declaration the plaintiff shall not have judgment ; and it is not remedied by the statute , for faults in the matter ...
Page 39
... declarations ; and then , by a sophistical argument , the important principles of waiver and admission are swept away , so ... declaration , all the facts in law requisite to support judgment , unless neces- sarily implied thereon , or ...
... declarations ; and then , by a sophistical argument , the important principles of waiver and admission are swept away , so ... declaration , all the facts in law requisite to support judgment , unless neces- sarily implied thereon , or ...
Page 42
... declaration was uncertain , because it was not alleged how the defendant had agreed to give 1000l . to J. S. Fenner and Yelverton , JJ . , held this to be a good exception , because , for any thing that appeared by the declaration ...
... declaration was uncertain , because it was not alleged how the defendant had agreed to give 1000l . to J. S. Fenner and Yelverton , JJ . , held this to be a good exception , because , for any thing that appeared by the declaration ...
Page 43
... declaration as those things which constitute the foundation of the action , it being sufficient to allege the former generally , without certainty of time , place , or person ; and in the case in question , if the defendant would plead ...
... declaration as those things which constitute the foundation of the action , it being sufficient to allege the former generally , without certainty of time , place , or person ; and in the case in question , if the defendant would plead ...
Other editions - View all
Common terms and phrases
according action admitted agreed alleged allowed amendment amount ancient answer appear apply arrest assumpsit attorney authority averment bond brought cause claim common law condition consideration contract costs count course court covenant death debt declaration defendant delivered demurrer deny Dowl effect ejectment Eliz entered entitled error evidence execution facts fendant give given ground held indorsed issue judge judgment jury justice land lease manner material matter ment necessary notice objection original paid particulars party payment performance person plain plaintiff plea pleading possession practice present principle proceed proceedings promise proof prove question reason record recover replication respect rule shown signed statute substance sufficient suggestion suit summons taken term thereof tion traverse trespass trial tried unless verdict writ
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...