Reports of Cases Argued and Determined in the Court of King's Bench ... and in the Bail Court: With a Table of the Names of Cases and a Digest of the Principal Matters, 1. köide;55. köideHenry Butterworth, 1836 |
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Page 595
... rule in Hands v . James ; and that too , although the signing in the devisor's presence was not mentioned in the attestation . In Brice v . Smith ( c ) , it was distinctly held , that on an attestation of a will of lands , it need not ...
... rule in Hands v . James ; and that too , although the signing in the devisor's presence was not mentioned in the attestation . In Brice v . Smith ( c ) , it was distinctly held , that on an attestation of a will of lands , it need not ...
Page 596
... rule laid down in cases arising on the Statute of Frauds , and ought to have been in all other cases which afterwards arose on wills and powers . But if the Court adopts any of the cases referred to on the other side , then a ...
... rule laid down in cases arising on the Statute of Frauds , and ought to have been in all other cases which afterwards arose on wills and powers . But if the Court adopts any of the cases referred to on the other side , then a ...
Page 604
... rule for a certiorari to remove an order of Sessions into this Court . I give no opinion upon the point . The general rule certainly is , that where any thing is brought up by certiorari , no objection can be taken which does not arise ...
... rule for a certiorari to remove an order of Sessions into this Court . I give no opinion upon the point . The general rule certainly is , that where any thing is brought up by certiorari , no objection can be taken which does not arise ...
Page 606
... rule for the certiorari must be discharged . 1. The sheriff cannot support an interpleader rule on a claim made on goods seized under a fi . fa . , Rule discharged with costs . HOLMES V. MENTZE . THIS was a rule obtained by the Sheriff ...
... rule for the certiorari must be discharged . 1. The sheriff cannot support an interpleader rule on a claim made on goods seized under a fi . fa . , Rule discharged with costs . HOLMES V. MENTZE . THIS was a rule obtained by the Sheriff ...
Page 607
... rule . Sir F. Pollock and Tomlinson appeared for Heap , to prevent his being barred under this rule , and relied on Harvey v . Crickett ( d ) . Sir W. Follett and Knowles in support of the rule . - The right of the Sheriff to seize the ...
... rule . Sir F. Pollock and Tomlinson appeared for Heap , to prevent his being barred under this rule , and relied on Harvey v . Crickett ( d ) . Sir W. Follett and Knowles in support of the rule . - The right of the Sheriff to seize the ...
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Common terms and phrases
Act of Parliament action Adol affidavit afterwards agreement alleged allocatur amount appears application appointed assignees assumpsit attestation attorney award Bail Court Bank Bank of England bankrupt bankruptcy Barn bill Branch Bank certiorari claim Coleridge contended contract conviction costs count Court of Requests Cress custody damages debt declaration deed defendant demurrer discharged Dowl ejectment entitled evidence execution executor fact given granted ground Held highway Hungerford Market indenture indictment indorsed Interpleader issue judge judgment jurisdiction jury justices King's Bench land lease LITTLEDALE Lord DENMAN Lord Tenterden mandamus matter ment mortgage nonsuit notice nuisance objection occupiers opinion paid parish party PATTESON pauper payment person plaintiff plea pleaded possession premises question rent roads Rogers Rolph rule nisi Samuel Revell seal Sessions Sheriff show cause statute Statute of Anne sufficient tenant term tion trial verdict vessel witnesses words writ
Popular passages
Page 770 - ... the same shall be specially alleged and set forth in answer to the allegation of the party claiming, and shall not be received in evidence on any general traverse or denial of such allegation.
Page 700 - Demurrer joined, be judged insufficient. Costs shall be given at the Discretion of the Court, or if a Verdict shall be found upon any Issue in the said Cause for the Plaintiff or Demandant, Costs shall be also given in like Manner, unless the Judge who tried the said Issue shall certify, that the said Defendant or Tenant, or Plaintiff in Replevin had a probable Cause to plead such Matter, which upon the said Issue shall be found against him.
Page 774 - It seems, therefore, that the 'enjoyment as of right' must mean an enjoyment had, not secretly or by stealth, or by tacit sufferance, or by permission asked from time to time, on each occasion or even on many occasions of using it; but an enjoyment had openly, notoriously, without particular leave at the time, by a person claiming to use it without danger of being treated as a trespasser, as a matter of right, whether strictly legal, by prescription and adverse user or by deed conferring the right,...
Page 687 - Defendant afterwards, under leave, reserved at the trial, moved for and obtained a rule to show cause why the verdict should not be set aside...
Page 717 - ... to commit the offender to the common gaol or house of correction, there to be imprisoned only, or to be imprisoned and kept to hard labour...
Page 770 - ... such period of twenty years ; but nevertheless such claim may be defeated in any other way by which the same is now liable to be defeated...
Page 646 - Pleas, calling upon the plaintiff to show cause why the verdict should not be set aside...
Page 638 - Exchequer, respectively, together with sixteen attorneys or solicitors, be appointed by a rule of court in every year, to be examiners for one year, any five of whom (one whereof to be one of the said masters...
Page 715 - Majesty's superior courts of record ; and no warrant of commitment shall be held void by reason of any defect therein, provided it be therein alleged that the party has been convicted, and there be a good and valid conviction to sustain the same.
Page 770 - Act, it would have been necessary to allege the right to have existed from time immemorial, it shall be sufficient to allege the enjoyment thereof as of right by the occupiers of the tenement, in respect whereof the same is claimed, for and during such of the periods mentioned in...