A Digest Or [!] the Law Relative to Pleading and Evidence in Civil ActionsGould, Banks & Company, 1838 - 648 pages |
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Page 88
... Camp . 377. So , where the master of a ship cove- nanted with the freighter to bring a complete cargo of hemp and iron from St. Petersburgh , and deliver the same in London , on being paid freight at so much per ton ; it was holden that ...
... Camp . 377. So , where the master of a ship cove- nanted with the freighter to bring a complete cargo of hemp and iron from St. Petersburgh , and deliver the same in London , on being paid freight at so much per ton ; it was holden that ...
Page 102
... Camp . 307. n . 4 Id . 209. Secondly , deeds must be pleaded either according to the date they bear , or to the day on which they were delivered ; ante , p . 101 ; but if pleaded of any other day than that on which they bear date , and ...
... Camp . 307. n . 4 Id . 209. Secondly , deeds must be pleaded either according to the date they bear , or to the day on which they were delivered ; ante , p . 101 ; but if pleaded of any other day than that on which they bear date , and ...
Page 113
... Camp . 307. n . 4 Camp . 209. And the same , as to the date of records , or other time to which they relate . Ante , p . 103. So , where the precise date of any fact is necessary to ascertain and determine with precision the cause of ...
... Camp . 307. n . 4 Camp . 209. And the same , as to the date of records , or other time to which they relate . Ante , p . 103. So , where the precise date of any fact is necessary to ascertain and determine with precision the cause of ...
Page 114
... Camp . 195. see 1 Brod . & Bing . 443. So , in an action for use and occupation by a dean and chapter , where the name of the present dean was mentioned in the be- ginning of the declaration , and the occupation was stated to be by per ...
... Camp . 195. see 1 Brod . & Bing . 443. So , in an action for use and occupation by a dean and chapter , where the name of the present dean was mentioned in the be- ginning of the declaration , and the occupation was stated to be by per ...
Page 115
... Camp . 20. 3 Camp . 247. 1 Stark . 69. 2 ld . 60. 1 B. & A. 9. 2 B. & B. 395. 359. 3 Bing . 472. 2 B. & Ad . 232. So , where the de- claration in an action for seamen's wages described the voyage as " from the port of London to the ...
... Camp . 20. 3 Camp . 247. 1 Stark . 69. 2 ld . 60. 1 B. & A. 9. 2 B. & B. 395. 359. 3 Bing . 472. 2 B. & Ad . 232. So , where the de- claration in an action for seamen's wages described the voyage as " from the port of London to the ...
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Common terms and phrases
afterwards alleged assignment assumpsit aver bill Bing brought Bulst Camp Carth cause of action commencement common confession and avoidance contract count court held covenant coverture damages debt on bond declaration deed defendant justify defendant may plead defendant plead defendant's demise demurrer detinue Doct East ejectment entry estopped estoppel executor fendant feoffment Gilb holden husband and wife indenture issue join judgment land lease Leon lessee lessor Lutw matter ment non est factum oyer party person plaintiff plaintiff reply plea in abatement Pleader Plowd possession proved quare impedit quod Raym record rejoinder rent replevin replication Salk Saund scire facias seised seisin Semb shew special demurrer stat statute sued sufficient Taunt tenant tion traverse trespass trial trover variance Vent verdict Wils witness writ writ of right Yelv
Popular passages
Page 18 - December, 1833, no person shall make an entry or distress, or bring an action to recover any land or rent, but within twenty years next after the time at which the right to make such entry or distress or to bring such action shall have first accrued to some person through whom he claims...
Page 174 - In actions on the case, the plea of not guilty shall operate as a denial only of the breach of duty or wrongful act alleged to have been committed by the defendant, and not of the facts stated in the inducement...
Page 4 - And be it further enacted, that no descent cast, discontinuance or warranty which may happen or be made after the said 31st day of December, 1833, shall toll or defeat any right of entry or action for the recovery of land.
Page 18 - The second section enacts, that, after the day therein mentioned, "no person shall make an entry or distress, or bring an action, to recover any land or rent, but within twenty years next after the time at [ *2S9 ] which the right to make such entry or distress, or to * bring such action, shall have first accrued...
Page 126 - 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 this Act as may be applicable to the case, and without claiming in the name or right of the owner of the fee as is now usually done...
Page 173 - 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 26 - 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 401 - Fiat, shall be received in Evidence in any Court of Law or Equity, unless the same shall have been first entered of Record in the Court of Bankruptcy as aforesaid.
Page 61 - That an Action of Trespass, or Trespass on the Case, as the Case may be, may be maintained...
Page 21 - ... unless it shall appear that the same was enjoyed by some consent or agreement expressly given or made for that purpose by deed or writing.