Selwyn's Abridgment of the Law of Nisi PriusV. & R. Stevens, 1861 - 1544 pages |
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Page 1
... ACTION OF ACCOUNT . I. In what Cases the Action may be maintained , II . Of the Pleadings and Evidence , III . Of the Judgment , 1. To account 2. Final . - Execution PAGE 1 3 4 . 5 .. I. In what Cases an Action of Account may be ...
... ACTION OF ACCOUNT . I. In what Cases the Action may be maintained , II . Of the Pleadings and Evidence , III . Of the Judgment , 1. To account 2. Final . - Execution PAGE 1 3 4 . 5 .. I. In what Cases an Action of Account may be ...
Page 2
... action did not lie for one joint - tenant , or tenant in com- mon , against his companion , although he should have taken the whole profits to his own use , unless he had been appointed bailiff to render an account ( g ) . But now , by ...
... action did not lie for one joint - tenant , or tenant in com- mon , against his companion , although he should have taken the whole profits to his own use , unless he had been appointed bailiff to render an account ( g ) . But now , by ...
Page 3
... action of account is preferable ( s ) . At the common law ( t ) , executors in general could not have this action for an account to be made to the testator , because the account rested in privity ; but the stat . West . 2 , 13 Edw . I ...
... action of account is preferable ( s ) . At the common law ( t ) , executors in general could not have this action for an account to be made to the testator , because the account rested in privity ; but the stat . West . 2 , 13 Edw . I ...
Page 27
... action is maintainable for the assault ( f ) . For an assault , which is considered as an inchoate violence , the law has provided a remedy by an action of trespass , at the suit of the injured party , for the recovery of damages com ...
... action is maintainable for the assault ( f ) . For an assault , which is considered as an inchoate violence , the law has provided a remedy by an action of trespass , at the suit of the injured party , for the recovery of damages com ...
Page 29
... action , if there has not been any collusion by the plaintiff in pro- curing his acquittal ; and the same rule holds after indictment and conviction ( o ) . By 9 Geo . IV . c . 31 , s . 27 , persons convicted of unlawfully assaulting or ...
... action , if there has not been any collusion by the plaintiff in pro- curing his acquittal ; and the same rule holds after indictment and conviction ( o ) . By 9 Geo . IV . c . 31 , s . 27 , persons convicted of unlawfully assaulting or ...
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Common terms and phrases
13 Vict 25 Vict act of bankruptcy action for money afterwards agreement amount assault assignees assumpsit bank bankrupt bill of exchange Bingh breach Campb cause of action certificate common law consideration contract costs counts court creditors damages Davis debt debtor declaration deed defendant defendant's delivered demand discharge East Eastern Counties Railway entitled evidence Exch execution executor fendant fraudulent given held illegal infant insolvent issue Johnson Jones judge judgment jury liable London Lord Ellenborough Lord Mansfield marriage Mayor ment money paid necessary Nisi Prius notice officer party payment person petition plaintiff plea pleaded possession promise to pay proved quantum meruit Railway received recover Reports Richardson sect set-off Smith sold statute Statute of Limitations sued sufficient suit Taunt Taylor tender testator Thompson Tindal tion trader trespass unless verdict void wife Wilson
Popular passages
Page 197 - ... 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 463 - Where two parties have made a contract which one of them has broken, the damages which the other party ought to receive in respect of such breach of contract should be such as may fairly and reasonably be considered either arising naturally, ie, according to the usual course of things, from such breach of contract itself...
Page 463 - Now if the special circumstances under which the contract was actually made were communicated by the plaintiffs to the defendants, and thus known to both parties, the damages resulting from the breach of such a contract, which they would reasonably contemplate, would be the amount of injury which would ordinarily follow from a breach of contract under these special circumstances so known and communicated.
Page 197 - That no contract for the sale of any goods, wares, and merchandise, for the price of ten pounds sterling or upwards, shall be allowed to be good, except the buyer shall accept part of the goods so sold, and actually receive the same...
Page 156 - Contractor, Executor, or Administrator shall lose the Benefit of the said Enactments or either of them, so as to be chargeable in respect or by reason only of any written Acknowledgment or Promise made and signed by any other or others of them : Provided always, that nothing herein contained shall alter or take away or lessen the Effect of any Payment of any Principal or Interest made by any Person whatsoever...
Page 550 - The distinction is very clear, where mutual covenants go to the whole of the consideration on both sides, they are mutual conditions, the one precedent to the other. But where they go only to a part, where a breach may be paid for in damages, there the defendant has a remedy on his covenant, and shall not plead it as a condition precedent.
Page 553 - His lordship then proceeded to say that the dependence or independence of covenants was to be collected from the evident sense and meaning of the parties, and that however transposed they might be in the deed, their precedency must depend on the order of time in which the intent of the transaction requires their performance.
Page 163 - ... beyond the seas, that then such person or persons shall be at liberty to bring the same actions, so as they take the same •within such times as are before limited, after their coming to or being of full age, discovert, of sane memory, at large, and returned from beyond the seas, as other persons having no such impediment should have done (6).
Page 156 - Acts or this Act, as to One or more of such Joint Contractors, or Executors or Administrators, shall nevertheless be entitled to recover against any other or others of the Defendants, by virtue of a new Acknowledgment or Promise, or otherwise, Judgment may be given and Costs allowed for the Plaintiff as to such Defendant or Defendants against whom he shall recover, and for the other Defendant or Defendants against the Plaintiff.
Page 183 - Viet., c. 53, which respectively enact, that " no attorney or solicitor, nor any executor, administrator, or assignee of any attorney or solicitor, shall commence or maintain any action or suit for the recovery of any fees, charges, or disbursements for any business done by such attorney or solicitor...