Reports of Cases Argued and Determined in the Courts of Common Pleas and Exchequer Chamber: With Tables of the Names of the Cases and Principal Matters ... from Michaelmas Term 8 Geo.IV 1827 to [Trinity Term 1 Will.IV 1831]S. Sweet, 1828 |
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Page 26
... pleaded a misnomer in abatement , and concluded by praying judg ment " of the writ , and that the same may -Held bad WADE v . WILLIAM STIFF , HENRY COX , WILLIAM NEW- MAN , and SAMUEL WILLIAM Reeves . [ E. T. 8 G. 4. Roll 744 ( a ) ...
... pleaded a misnomer in abatement , and concluded by praying judg ment " of the writ , and that the same may -Held bad WADE v . WILLIAM STIFF , HENRY COX , WILLIAM NEW- MAN , and SAMUEL WILLIAM Reeves . [ E. T. 8 G. 4. Roll 744 ( a ) ...
Page 27
... pleaded , in abatement , that the plaintiff had sued out a bill against one of them for the same trespass , which was yet depending , Lord Chief Justice Holt said , " if you plead a misnomer , it shall ( 11 ) " Abatement , " M. tit ...
... pleaded , in abatement , that the plaintiff had sued out a bill against one of them for the same trespass , which was yet depending , Lord Chief Justice Holt said , " if you plead a misnomer , it shall ( 11 ) " Abatement , " M. tit ...
Page 30
... plea pleaded ; and it seems ty cannot be re- quired from a foreigner , a mas- ter of a vessel trading to this country , but having no fixed residence here . Mr. Serjeant Wilde , now shewed cause , on an affidavit of the plaintiff's ...
... plea pleaded ; and it seems ty cannot be re- quired from a foreigner , a mas- ter of a vessel trading to this country , but having no fixed residence here . Mr. Serjeant Wilde , now shewed cause , on an affidavit of the plaintiff's ...
Page 31
... plea pleaded , the declaration having been delivered on the 1st November instant , and the plea delivered on the 7th ; and that the clerk to the defendant's agent applied to the agent for the plaintiff to have it re- turned to him on ...
... plea pleaded , the declaration having been delivered on the 1st November instant , and the plea delivered on the 7th ; and that the clerk to the defendant's agent applied to the agent for the plaintiff to have it re- turned to him on ...
Page 32
... plead has been obtained ; and here it has been sworn that the notice of the rule was not served until after plea pleaded . This rule , there- fore , must be ( a ) See Michel v . Pareski , 2 H. Bl . 593 ; and Muller v . Gernon , 3 Taunt ...
... plead has been obtained ; and here it has been sworn that the notice of the rule was not served until after plea pleaded . This rule , there- fore , must be ( a ) See Michel v . Pareski , 2 H. Bl . 593 ; and Muller v . Gernon , 3 Taunt ...
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Common terms and phrases
act of bankruptcy affidavit aforesaid afterwards agreement alleged amount annuity appears applied arbitrator arrested assigned assumpsit attorney authority averred award bail bankrupt bill of exchange BLACKBURN bond cargo charter-party commission consignee contract costs count covenant creditor damages debt declaration defendant defendant's delivered demand demurrer discharged entered entitled to recover essoin evidence execution executors fact fendant freight ground heirs held indorsed interest issue judgment Jury lease letter liable libel London Lord Chief Justice Lord Ellenborough Lord Mansfield meaning ment messuages nonsuit notice opinion owner paid party payment person Peter Pole plain plaintiff plaintiff in error plea pleaded proceedings promise proved question rent Robert Timbrell rule Sarah Scott seised Serjeant Wilde sheriff shewed cause ship sold spring-guns statute sued sufficient suit surety tained tenant Term Rep thereof Thomas Howell tiff tion trespass trial trover verdict writ
Popular passages
Page 299 - The fourth section of the statute of frauds (a) enacts, that no action shall be brought whereby to charge any executor or administrator upon any special promise to answer damages out of his own estate ; or whereby to charge the defendant upon any special promise to answer for the debt, default, or miscarriages, of another person...
Page 733 - But the court said that if that were so, no contract could ever be completed by the post. For if the defendants were not bound by their offer when accepted by the plaintiffs till the answer was received, then the plaintiffs ought not to be bound till after they had received the notification that the defendants had received their answer and assented to it. And so it might go on ad infinitum.
Page 107 - CD and his assigns for and during the term of his natural life without impeachment of waste...
Page 405 - ... imperfectly stated or omitted, and without which it is not to be presumed, that, either the Judge would direct the Jury to give, or the Jury would have given, the verdict, such defect, imperfection, or omission, is cured by the verdict...
Page 627 - that, if any person shall set or place, or cause to be set or placed, any spring-gun, man-trap, or other engine calculated to destroy human life or inflict grievous bodily harm...
Page 58 - And if I traduce a man, whether I know him or not, and whether I intend to do him an injury or not, I ayiprehend the law considers it as done of malice, because it is wrongful and intentional.
Page 532 - The question for the opinion of the Court was, whether the plaintiffs were entitled to recover...
Page 562 - London, (the act of God, the queen's enemies, fire, and all and every other dangers and accidents of the seas, rivers, and navigation, of whatever nature and kind soever, excepted,) unto order or to assigns, he or they paying freight for the said goods at 51.
Page 410 - For an innuendo means nothing1 more than the words, ' id est,' ' scilicet,' or ' meaning:,' or ' aforesaid,' as explanatory of a subject matter sufficiently expressed before ; as, such a one, meaning the defendant, or such a subject, meaning the subject in question.
Page 732 - Every bidding is nothing more than an offer on one side, which is not binding on either side till it is assented to. But according to what is now contended for, one party would be bound by the offer, and the other not, which can never be allowed.