Reports of Cases Argued and Determined in the King's Bench Practice Court: With the Points of Practice Decided in the Courts of Common Pleas and Exchequer, from Mich. Term, 1830 to [Michaelmas Term, 1841] ...S. Sweet, 1836 |
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Reports of Cases Argued and Determined in the King's Bench ..., 2. köide Great Britain Court of Exchequer No preview available - 2015 |
Common terms and phrases
act of Parliament affidavit aforesaid afterwards agreement ALDERSON alleged allocatur allowed amend amount appear application arbitrator arrested assignee assumpsit attorney award bail bail-bond bill of exchange BOLLAND capias cause of action charged cited claim client contended count custody damages dant debt declaration defendant's delivered demand demurrer entered entitled execution fact fendant given granted ground GURNEY held Hilary Term indorsed insolvent Interpleader irregularity issue Judge Judge's order jury Lord ABINGER matter ment motion moved nonsuit notice objection obtained officer opinion oyer paid paid into Court PARKE party PATTESON payment of costs person plaintiff plea present rule proceedings promise pursuant question recover referred replication Rule absolute Rule discharged rule nisi Rule refused sheriff shewed cause shewn statute sued sufficient summons sworn tained taxation taxed thereof tiff tion trial Trinity Term verdict words writ writ of right writ of summons
Popular passages
Page 299 - In every species of assumpsit, all matters in confession and avoidance, including not only those by way of discharge, but those which show the transaction to be either void or voidable in point of law, on the ground of fraud or otherwise, shall be specially pleaded ; ex.
Page 46 - No application to set aside process or proceedings for irregularity shall be allowed unless made within a reasonable time, nor if the party applying has taken a fresh step after knowledge of the irregularity.
Page 123 - ... declaration in the cause (if any), be entered of record, with a note in the margin expressing the true date of such entry, to the end that the same may be evidence in future times if required, and to secure and enforce the payment of costs directed by any such rule or order ; and every such rule or order so entered, shall have the force and effect of a judgment...
Page 719 - ... shall and may assess, not only such damages and costs of suit as have heretofore been usually done in such cases, but also damages for such of the said breaches so to be assigned, as the plaintiff, upon the trial of the issues, shall prove to have been broken, and that the like judgment shall be entered on such verdict as heretofore hath been usually done in such like actions...
Page 44 - ... or defendant in person, as the case may be, mentioning the city, town, or parish, and also the name of the hamlet, street, and number of the house of such plaintiff's or defendant's residence, if any such there be.
Page 614 - ... until twenty-one days after a notice in writing of his being so chargeable or relieved, accompanied by a copy or counterpart of the order of removal of such person, and by a copy of the examination upon which such order was made...
Page 712 - And such proceedings were thereupon had in the said court that afterwards and before the commencement of this suit, to wit, on the...
Page 604 - • acted, "for making the said law effectual," that, "in all actions of trespass, assault and battery, and other personal actions, wherein the judge at the trial of the cause shall not find and certify...
Page 280 - ... or whether such father be within the age of twenty-one years or of full age, by his deed executed in his lifetime or by his last will and testament in writing...
Page 634 - It is a mandatory letter from the king, in parchment, sealed with his great seal, and directed to the sheriff of the county wherein the injury is committed, or supposed so to be, requiring him to command the wrong-doer or party accused either to do justice to the complainant, or else to appear in court and answer the accusation against him.