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 [1843], 140. osa,1. köideS. Sweet, 1843 |
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Page 8
... condition prece- dent to the payment of the price , the defendant , who received the chattel warranted , whereby the property vested in him indefeasibly , and was incapable of returning 8 CASES ON POINTS OF PRACTICE , EXCH .
... condition prece- dent to the payment of the price , the defendant , who received the chattel warranted , whereby the property vested in him indefeasibly , and was incapable of returning 8 CASES ON POINTS OF PRACTICE , EXCH .
Page 10
... received satisfaction for the breach of the contract , and is precluded from recovering in another action to that extent , but no more . The opinion , therefore , attributed on this record to the learned Judge is , we think , incorrect ...
... received satisfaction for the breach of the contract , and is precluded from recovering in another action to that extent , but no more . The opinion , therefore , attributed on this record to the learned Judge is , we think , incorrect ...
Page 13
... received , he shall not plead a release made by the disseisée to the tenant for life without shewing it . " There are also cases put of the lord by escheat and the heir , the former of whom cannot , without shewing it , plead a release ...
... received , he shall not plead a release made by the disseisée to the tenant for life without shewing it . " There are also cases put of the lord by escheat and the heir , the former of whom cannot , without shewing it , plead a release ...
Page 37
... received , by virtue and for the purposes of the said act , and shall and do pay all such monies as shall have been received by him , to the said Thomas Taylor Webb , or his successors , as treasurer for the time being , acting by ...
... received , by virtue and for the purposes of the said act , and shall and do pay all such monies as shall have been received by him , to the said Thomas Taylor Webb , or his successors , as treasurer for the time being , acting by ...
Page 38
... received , by virtue and for the purposes of the said act , in the said writing obliga- tory mentioned , and in the ... received by the said Henry James , as such collector as aforesaid , yet the said Henry James did not deliver to the ...
... received , by virtue and for the purposes of the said act , in the said writing obliga- tory mentioned , and in the ... received by the said Henry James , as such collector as aforesaid , yet the said Henry James did not deliver to the ...
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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 |
Common terms and phrases
act of Parliament admitted affidavit aforesaid agreement ALDERSON alleged allocatur amend amount appeared application arbitrator assigned assumpsit authority award bill of exchange breach capias cause of action certiorari chattels commencement contended contract costs count custody damages debt declaration deed defendant defendant pleaded defendant's delivered demurrer detinue entered entitled evidence execution fact fendant fieri facias given granted ground held indorsed issue jurisdiction jury learned judge Lord ABINGER matter ment Nisi Prius nonsuit objection obtained a rule paid PARKE party PATTESON payment person plaintiff plea present rule proceedings promise question record recover referred replication respect Rule absolute Rule discharged rule nisi rule of Court Rule refused scire facias Serjt sheriff shew cause sign judgment statute sued sufficient suit summons taken Term thereof tiff TINDAL tion traverse trespass verdict Vict warrant of attorney witness writ of summons writ of trial
Popular passages
Page 1022 - 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...