Reports of Cases Argued and Determined in the Courts of Exchequer and Exchequer Chamber, at Law, in Equity, and in Error: From Hilary Term, 4 and 5 Geo. IV. to Michaelmas Term, 5 Geo. IV. Both Inclusive. [1824] With Tables of the Cases and Principal MattersS. Sweet, 1825 - 744 pages |
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Page 6
... application to be dis- charged , as thereinafter mentioned , shall and may , upon his or their applica- tion for that purpose in term time , made to some one of his Majesty's su- perior courts of record at Westminster , to the ...
... application to be dis- charged , as thereinafter mentioned , shall and may , upon his or their applica- tion for that purpose in term time , made to some one of his Majesty's su- perior courts of record at Westminster , to the ...
Page 8
... application , to his dis- charge , so far the 48 G. 3 , is a repeal of the Lords ' act ; there being no proviso therein , that it should not extend to cases where the compulsive clauses of the Lords ' act apply . The statute is in ...
... application , to his dis- charge , so far the 48 G. 3 , is a repeal of the Lords ' act ; there being no proviso therein , that it should not extend to cases where the compulsive clauses of the Lords ' act apply . The statute is in ...
Page 11
... application in the mean time . Ellison applied for the costs of opposing the motion . Sclater contended , that the rule of practice was not to grant costs , unless where a motion was refused . GRAHAM , B. No - here there was good ground ...
... application in the mean time . Ellison applied for the costs of opposing the motion . Sclater contended , that the rule of practice was not to grant costs , unless where a motion was refused . GRAHAM , B. No - here there was good ground ...
Page 22
... application . I cannot look upon this as a mere bill for payment of tithes : I must consider , that the substantial intent of it is to contest that adverse title , which it was known would be set up by the defendants . The plaintiffs ...
... application . I cannot look upon this as a mere bill for payment of tithes : I must consider , that the substantial intent of it is to contest that adverse title , which it was known would be set up by the defendants . The plaintiffs ...
Page 24
... application is made by a party , who must have been aware of this at the time of filing this bill , because the person now entitled , derives his title from that party . When this application was made originally , I thought it ought to ...
... application is made by a party , who must have been aware of this at the time of filing this bill , because the person now entitled , derives his title from that party . When this application was made originally , I thought it ought to ...
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Common terms and phrases
act of parliament action affidavit aforesaid alleged annuity answer appears application appointment Ash Mill assigns ATTORNEY auction duty bail bankrupt bill bond breach BROWNHILL charged claim clause Clerk costs Court Court of Equity covenant Crown debt declaration decree deed defendant defendant's demurrer discharged duty election entitled Equity evidence Exchequer Exchequer of Pleas execution executors fendant filed GARROW granted ground heirs Holwell HULLOCK interest issue John Sanger judgment jury lands lease leasehold estate legacy liable Lord Chief Baron LUCTON Master ment messuage modus moduses mortgagee motion nisi notice objection officer opinion paid party payment person plaintiff plea pleaded possession premises proceeding purchaser Pymble question received rector refused rents and profits respect rule Sanger scire facias shew cause statute suit tenant term testator thereof tion tithes trust Tucker verdict vicar Vide witnesses writ
Popular passages
Page 282 - ... to the use of His Majesty, his heirs and successors, and the other moiety to the use of the person who shall inform or sue for the same...
Page 143 - A rule having been obtained calling on the plaintiff to shew cause why the verdict should not be set aside, and a new trial had...
Page 434 - To the use of the said CD and his assigns for and during the term of his natural life without impeachment...
Page 32 - ... 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 227 - Deed, instrument, or writing, whereby any lands, tenements, or other realty sold shall be granted, assigned, transferred, or otherwise conveyed to, or vested in, the purchaser or purchasers, or any other person or persons, by his, her, or their direction...
Page 229 - ... arrears shall exceed one year's rent, then the said party, at whose suit such execution is sued out, paying the said landlord or his bailiff one year's rent, may proceed to execute his judgment, as he might have done before the making of this act, and the sheriff or other officer is hereby empowered and required to levy and pay to the plaintiff, as well the money so paid for rent, as the execution money.
Page 597 - ... for money had and received. The approved and usual form for this count is very simple, consisting simply in stating that the defendant is indebted to the plaintiff in a certain sum "for money had and received by the defendant to and for the use of plaintiff.
Page 199 - that where there are mutual debts between the plaintiff and defendant, or if either party sue or be sued as executor or administrator, where there are mutual debts between the testator or intestate and either party, one debt may be set against the other...
Page 621 - And be it enacted that upon all annuities, yearly interest of money, or other annual payments, whether such payments shall be payable within or out of Great Britain, either as a charge on any property of the person paying the same by virtue of any deed or will or otherwise, or as a reservation thereout, or as a personal debt or obligation by virtue of any contract...
Page 564 - Serjt., now moved for a rule to shew cause why the verdict should not be set aside, and a new trial granted, on the ground of misdirection.