Reports of Cases Argued and Determined in the Queen's Bench Practice Court: With the Points of Pleading and Practice Decided in the Courts of Common Pleas and Exchequer : from Trinity Term, 1841, to Easter Term , 140. osa,1. köide
S. Sweet, 1843
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Reports of Cases Argued and Determined in the Queen's Bench Practice Court ...
Great Britain Bail Court
No preview available - 2015
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according action admitted affidavit aforesaid agreement alleged allowed amend amount answer appeared application arbitrator assigned attorney authority award bill breach brought called charged claim commencement common consideration considered contended contract costs count Court damages debt declaration deed defendant delivered demand demurrer directed discharged effect entered entitled evidence execution fact fendant fieri facias further give given granted ground held indorsed intended issue judge judgment jury Lord matter meaning ment mentioned moved necessary notice objection obtained officer opinion paid PARKE party payment person plaintiff plea pleaded possession practice present proceedings promise proved question reason received record recover referred refused respect rule rule nisi served sheriff shew cause signed statute sufficient suit taken tender Term thereof tion trial verdict Vict warrant witness writ
Page 1024 - The first count of the declaration, upon which alone the question arises, stated that, in consideration that the plaintiff, at the request of the defendant, had bought of the defendant a horse for the sum of £30, the defendant promised that it was sound and free from vice.
Page 213 - ... and in any such action, the defendant may plead the general issue, and give this Act and the special matter in evidence at any trial to be had thereupon...
Page 213 - ... and tried in the county where the fact was committed, and shall be commenced within six calendar months after the fact committed, and not otherwise ; and notice in writing of such action, and of the cause thereof, shall be given to the defendant one calendar month at least before the commencement of the action...
Page 213 - ... in any such action, such plaintiff shall not have costs against the defendant, unless the judge before whom the trial shall be shall certify his approbation of the action, and of the verdict obtained thereupon.
Page 148 - ... or at the time of executing or levying such execution or attachment, notice of any prior act of bankruptcy by him committed ; provided also that nothing herein contained shall be deemed or taken to give validity to any payment made by any bankrupt being a fraudulent preference of any creditor or creditors of such bankrupt, or to any execution founded on a ^judgment on a warrant of attorney, or cognovit given by any . bankrupt by way of such fraudulent preference [*473] H.
Page 362 - Name in his own Right, or in the Name of any Person in Trust for him...
Page 766 - That in all cases in which any particular number of days, not expressed to be clear days, is prescribed by the rules or practice of the courts, the same shall be reckoned exclusively of the first day and inclusively of the last day...
Page 318 - ... any particular or particulars in the judgment of such court or judge 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...
Page 264 - Courts on behalf of such person expressly named by him. and attending at his request, to inform him of the nature and efrectof such warrant or cognovit before the same is executed ; which attorney shall subscribe his name as a witness to the due execution thereof, and thereby declare himself to be attorney for the person executing the same, and state that he subscribes as such attorney.
Page 457 - Co., who were creditors of the defendant, of the second part, and the several persons whose names and seals were thereunto subscribed and affixed, being also respectively creditors of the defendant, of the third part...