The Common Law Procedure Acts of 1852 & 1854, with Notes Containing All the Cases Either Already Expressly Decided on Or Tending to Elucidate ThemV. & R. Stevens and G. S. Norton, 1855 - 604 pages |
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Page 10
... give it the highest praise that a text writer can desire , reminds us of The Compendium of the Law of Real Property , ' we extract the first four paragraphs of the book . * * * * * * * The second part of the work will be peculiarly ...
... give it the highest praise that a text writer can desire , reminds us of The Compendium of the Law of Real Property , ' we extract the first four paragraphs of the book . * * * * * * * The second part of the work will be peculiarly ...
Page xxxiii
... give judgment without regard to mispleading or insufficient pleading ( c ) —a statute which , while ( a ) Co. Lit. 304. ( b ) Lit. sec . 534. ( c ) 32 Hen . VIII . c . 20 . it recognized the evil , perpetuated it , by confining 14 ...
... give judgment without regard to mispleading or insufficient pleading ( c ) —a statute which , while ( a ) Co. Lit. 304. ( b ) Lit. sec . 534. ( c ) 32 Hen . VIII . c . 20 . it recognized the evil , perpetuated it , by confining 14 ...
Page xxxiii
... give judgment against the plaintiff for mere mispleading or insufficient pleading ( a ) . And accordingly they , in the reigns of Elizabeth and James , held declarations bad , even after verdict for the plaintiffs , for omission of alle ...
... give judgment against the plaintiff for mere mispleading or insufficient pleading ( a ) . And accordingly they , in the reigns of Elizabeth and James , held declarations bad , even after verdict for the plaintiffs , for omission of alle ...
Page xxxiii
... give judgments thereon " otherwise than the matter in law and the very right of the cause would require . " Such was the lesson which Parliament gave the judges , and the judges " bettered the instructions , " not only by deciding ...
... give judgments thereon " otherwise than the matter in law and the very right of the cause would require . " Such was the lesson which Parliament gave the judges , and the judges " bettered the instructions , " not only by deciding ...
Page xxxiii
... the law , and for the easier , speedier , and better advancement of jus- tice " ( a ) , which merely repeated the absurd enact- ( a ) 4 Anne c . 16 . ment of Elizabeth , that the Courts should give judg- INTRODUCTION . 19.
... the law , and for the easier , speedier , and better advancement of jus- tice " ( a ) , which merely repeated the absurd enact- ( a ) 4 Anne c . 16 . ment of Elizabeth , that the Courts should give judg- INTRODUCTION . 19.
Other editions - View all
The Common Law Procedure Acts of 1852 & 1854, with Notes Containing All the ... William Francis Finlason No preview available - 2015 |
The Common Law Procedure Acts of 1852 & 1854, With Notes Containing All the ... William Francis Finlason No preview available - 2022 |
Common terms and phrases
action affidavit aforesaid alleged allowed amendment amount appear apply arbitrator attorney authority award bill brought cause claim clause Common Law Company contained contract copy costs count court damages debt defendant delivered demurrer directed document Dowl effect ejectment enacted entered entitled equity error evidence examination execution fact further give given granted ground held indorsed interest issue judge judgment jurisdiction jury justice land leave Lord manner matter ment mentioned necessary notice obtained officer paid particulars party payment person plaintiff plea pleading possession practice present proceed proceedings proved question Railway reason record recover reference refused replication respect rule sect sheriff signed statute sufficient suit summons taken term thereof tion trial tried unless verdict Vict vide witness writ
Popular passages
Page 154 - 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, or such as may reasonably be supposed to have been in the contemplation of both parties, at the time they made the contract, as the probable result of the breach of it.
Page 491 - upon all debts or sums certain payable at a certain time or otherwise, the jury on the trial of any issue, or on any inquisition of damages, may, if they shall think fit, allow interest to the creditor at a rate not exceeding the current rate of interest, from the time when such debts or sums certain were payable, if such debts or sums be payable by virtue of some written instrument at a certain time...
Page 371 - A witness may be cross-examined as to previous statements made by him in writing, or reduced into writing, relative to the subject-matter of the cause without such writing being shown to him ; but if it is intended to contradict such witness by the writing, his attention must, before such contradictory proof can be given, be called to those parts of the writing which are to be used for the purpose of so contradicting him...
Page 356 - If, on such a reference, one party fails to appoint an arbitrator, either originally or by way of substitution as aforesaid, for seven clear days after the other party...
Page 372 - Conviction; 15 c. 125. s. 25. and a Certificate containing the Substance and Effect only (omitting the formal Part) of the Indictment and Conviction for such Offence, purporting to be signed by the Clerk of the Court or other Officer...
Page 506 - Person now or hereafter having by Law or by Consent of Parties Authority to hear, receive, and examine Evidence...
Page 199 - The first count of the declaration, upon which alone the question arises, stated that, in consideration that the plaintiff, at the request of the defendant, had bought of the defendant a horse for the sum of £30, the defendant promised that it was sound and free from vice.
Page 501 - ... but that every person so offered may and shall be admitted to give evidence on oath, or solemn affirmation, in those cases wherein affirmation is by law receivable; notwithstanding that such person may or shall have an interest in the matter in question, or in the event of the trial of any issue, matter, question, or injury, or of the suit, action, or proceeding in which he is offered as a witness, and notwithstanding that such person offered as a witness may have been previously convicted of...
Page 507 - ... on the trial of any issue joined or of any matter or question, or on any inquiry arising in any suit, action, or...
Page 513 - II. — In Covenant and Debt. 1. In debt on specialty or covenant, the plea of non est factum shall operate as 'a denial of the execution of the deed in point of fact only, and all other defences shall be specially pleaded, including matters which make the deed absolutely void, as well as those which make it voidable.