Notes to Saunders' Reports: By Serjeant Williams, 1. köideStevens, 1871 |
From inside the book
Results 1-5 of 77
Page 4
... execution and not otherwise ; whereupon the defend- ant entered , & c . , the door being open and no person therein of whom defendant could demand possession ; it was held that the plea was good ; for that either the in- terest of the ...
... execution and not otherwise ; whereupon the defend- ant entered , & c . , the door being open and no person therein of whom defendant could demand possession ; it was held that the plea was good ; for that either the in- terest of the ...
Page 7
... executed , and it is lodged in the hands of one party for the use of both , the court will compel the production of it for the use of the other party . 1 Taunt . 386. Blakey v . Porter . 4 Taunt . 666. King v . King . 4 Taunt . 157 ...
... executed , and it is lodged in the hands of one party for the use of both , the court will compel the production of it for the use of the other party . 1 Taunt . 386. Blakey v . Porter . 4 Taunt . 666. King v . King . 4 Taunt . 157 ...
Page 18
... execution of the writ , but for another purpose , under another claim , and that the writ and the proceedings under it were a mere colour and contrivance to get pos- session of the goods . Lucas v . Nockells , ubi suprà . 1 Bing . N.C. ...
... execution of the writ , but for another purpose , under another claim , and that the writ and the proceedings under it were a mere colour and contrivance to get pos- session of the goods . Lucas v . Nockells , ubi suprà . 1 Bing . N.C. ...
Page 56
... execution under a writ of ca. sa . issued by plaintiff , to escape . The defendant pleaded in bar the Statute ... execution shall escape by any ways or means howsoever , the plaintiff may retake him by a new capias , or capias ad satis ...
... execution under a writ of ca. sa . issued by plaintiff , to escape . The defendant pleaded in bar the Statute ... execution shall escape by any ways or means howsoever , the plaintiff may retake him by a new capias , or capias ad satis ...
Page 58
... execution is at large for ever so short a time , as well before A. & E. 516. Merry v . Chapman . It is a good defence , that the escape was by the fraud and covin of the party really interested in the judgment . Moo . & M. 269 ...
... execution is at large for ever so short a time , as well before A. & E. 516. Merry v . Chapman . It is a good defence , that the escape was by the fraud and covin of the party really interested in the judgment . Moo . & M. 269 ...
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Common terms and phrases
action of debt alleged appears assignment assumpsit attornment averment award Bing bond breach Burr C. L. P. Act Carth cattle cause of action cited common law contract costs court covenant cross-remainders damages declaration deed default defendant pleaded demised demurrer devise distrain East Eliz entered entitled entry estoppel Exch execution executor facias fendant fieri facias HARRIDGE heirs held Ibid issue Jones judg judgment jury King land Law Rep lease lessee lessor levied liable libel Litt Lord Lutw Mees ment Moore nolle prosequi nonsuit party payment person plaintiff plea plea in abatement proceedings promise Railway Raym recover remainderman rent replevin replication rule Salk Saund Saunders scire facias Scott sheriff shew Smith stat statute Statute of Frauds sufficient Taunt tenant testator tiel tion traverse trespass venue verdict Vict Wils words writ
Popular passages
Page 394 - ... 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...
Page 414 - That no will or codicil, or any part thereof, shall be revoked otherwise than as aforesaid, or by another will or codicil executed in manner hereinbefore required, or by some writing declaring an intention to revoke the same, and executed in the manner in which a will is hereinbefore required to be executed...
Page 411 - And be it further enacted, that every will shall be construed, with reference to the real estate and personal estate comprised in it, to speak and take effect as if it had been executed immediately before the death of the testator, unless a contrary intention shall appear by the will.
Page 261 - ... defectively or imperfectly stated or omitted, and without which it is not to be presumed that either the judge would direct the jury to give, or the jury would have given the verdict, such defect, imperfection, or omission, is cured by the verdict...
Page 415 - ... is required for the execution of the will ; but the will, with such alteration as part thereof, shall be deemed to be duly executed if the signature of the testator and the subscription of the witnesses be made in the margin or on some other part of the will...
Page 127 - Action may plead the General Issue and give the special Matter in Evidence...
Page 415 - Will after the Execution thereof shall be valid or have any Effect, except so far as the Words or Effect of the Will before such Alteration shall not be apparent...
Page 246 - Parliament assembled, and by the authority of the same, that whensoever the death of a person shall be caused by wrongful act, neglect, or default, and the act, neglect, or default is such as would (if death had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof...
Page 563 - A., subject to the payment of the rent and the performance of the covenants contained in the lease.
Page 247 - ... the jury may give such damages as they may think proportioned to the injury resulting from such death to the parties respectively for whom and for whose benefit such action shall be brought ; and the amount so recovered, after deducting the costs not recovered from the defendant, shall be divided amongst the before-mentioned parties in such shares as the jury by their verdict shall find and direct.