Notes to Saunders' Reports: By Serjeant Williams, 1. köideStevens, 1871 |
From inside the book
Results 1-5 of 84
Page 9
... plaintiff never was nor is ex- ecutor in manner and form as alleged in the declaration , the plaintiff would have succeeded on this issue , if he had obtained pro- bate at any time before the trial . 3 C. & P. 123. Thompson v . Reynolds ...
... plaintiff never was nor is ex- ecutor in manner and form as alleged in the declaration , the plaintiff would have succeeded on this issue , if he had obtained pro- bate at any time before the trial . 3 C. & P. 123. Thompson v . Reynolds ...
Page 33
... plaintiff declares that there were divers differences between the plaintiff and defendant , and for the de- termining thereof , they submitted themselves to the award of one Barker ; and that the defendant , in consideration of the ...
... plaintiff declares that there were divers differences between the plaintiff and defendant , and for the de- termining thereof , they submitted themselves to the award of one Barker ; and that the defendant , in consideration of the ...
Page 39
... plaintiff so to do , but that , on the contrary , he afterwards sold and disposed of it to other persons , without the consent and against the will of the plaintiff . The second count stated the same promise , and averred that the plaintiff ...
... plaintiff so to do , but that , on the contrary , he afterwards sold and disposed of it to other persons , without the consent and against the will of the plaintiff . The second count stated the same promise , and averred that the plaintiff ...
Page 44
... plaintiff might do so ( i ) . Indeed if the plaintiff permit the money to remain in court , and a verdict pass for the defendant , the court will lay hold of it to secure the de- fendant's costs ( j ) . Lord Holt is said to have been of ...
... plaintiff might do so ( i ) . Indeed if the plaintiff permit the money to remain in court , and a verdict pass for the defendant , the court will lay hold of it to secure the de- fendant's costs ( j ) . Lord Holt is said to have been of ...
Page 48
... plaintiff or to his attor- 66 ney , upon a written authority " from the plaintiff on demand . " The stat . 3 & 4 W. 4 , c . 42 , s . 2 , which was in similar terms as the C. L. P. Act , 1852 , s . 70 ( ante , p . 45 ) , required the ...
... plaintiff or to his attor- 66 ney , upon a written authority " from the plaintiff on demand . " The stat . 3 & 4 W. 4 , c . 42 , s . 2 , which was in similar terms as the C. L. P. Act , 1852 , s . 70 ( ante , p . 45 ) , required the ...
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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.