Selwyn's Abridgement of the Law of Nisi Prius, 1. köideV.& R. Stevens & G.S. Norton, 1859 |
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Page 35
... averment quæ est eadem trangressio , & c . ( a ) . If the matter of the justification be transitory , it ought to follow the place laid in the declaration ( b ) . Action for a battery at D .; the defendant justified under the command of ...
... averment quæ est eadem trangressio , & c . ( a ) . If the matter of the justification be transitory , it ought to follow the place laid in the declaration ( b ) . Action for a battery at D .; the defendant justified under the command of ...
Page 118
... averment . Breach . - The breach may be co - extensive with the promise , but ( f ) Per Cur . , Clarke v . Gray , 6 East , 569 , 570. " There are a great variety of agreements not under seal , containing detailed provisions regulating ...
... averment . Breach . - The breach may be co - extensive with the promise , but ( f ) Per Cur . , Clarke v . Gray , 6 East , 569 , 570. " There are a great variety of agreements not under seal , containing detailed provisions regulating ...
Page 119
... Averment thereof . - Where the action does not lie without notice given to the defendant , an averment of such notice ought to be inserted in the declaration ( r ) . The defendant bought of the plaintiff a quantity of barley , and ...
... Averment thereof . - Where the action does not lie without notice given to the defendant , an averment of such notice ought to be inserted in the declaration ( r ) . The defendant bought of the plaintiff a quantity of barley , and ...
Page 120
... averment of such request in the declaration is unnecessary ; for the bringing the action is a sufficient request ( x ) ... averment , " although requested , " is equivalent to an express averment , " the plaintiff , in fact , says , " or ...
... averment of such request in the declaration is unnecessary ; for the bringing the action is a sufficient request ( x ) ... averment , " although requested , " is equivalent to an express averment , " the plaintiff , in fact , says , " or ...
Page 123
... averment in pleading , the same learned judge said : - " When that appears it is no longer competent to the defendant to insist upon the non - performance of that which was originally a condition precedent , and this is more correctly ...
... averment in pleading , the same learned judge said : - " When that appears it is no longer competent to the defendant to insist upon the non - performance of that which was originally a condition precedent , and this is more correctly ...
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Common terms and phrases
13 Vict accord and satisfaction accrued act of bankruptcy action brought action for money action or suit afterwards agreed agreement amount assignees assumpsit attorney or solicitor auction duty averment bank bankrupt bill of exchange Bingh breach Campb cause of action certificate commenced common law consideration contract costs court court of equity creditor damages debt debtor declaration deed defendant defendant's delivered demand discharge East entitled equity evidence Exch execution executor fendant given held illegal infant insolvent issue Jones judgment jury liable Lord Ellenborough marriage ment money paid necessary notice paid into court party payment performance person petition plaintiff plea pleaded promise to pay proved purchaser Railway received recover Reports sect set-off Smith sold Statute of Limitations sued sufficient sum of money Taunt tender testator Tindal tion trader unless vendor verdict void Wilson