A Digest Or [!] the Law Relative to Pleading and Evidence in Civil ActionsGould, Banks & Company, 1838 - 648 pages |
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Page v
... Common Pleas and Exchequer ; Pleading and Evidence generally ; Pleading and Evidence in the different actions particularly ; and Pleading and Evidence in actions by and against particu- lar persons : the whole forming , not indeed a ...
... Common Pleas and Exchequer ; Pleading and Evidence generally ; Pleading and Evidence in the different actions particularly ; and Pleading and Evidence in actions by and against particu- lar persons : the whole forming , not indeed a ...
Page 7
... the freehold . The remedies for intrusion , also , are by entry or ejectment . 3. Disseisin is an ouster of the freehold in the common and vulgar acceptation of the term ; and may be of corporeal REMEDY FOR WRONGS , ETC. 7 *
... the freehold . The remedies for intrusion , also , are by entry or ejectment . 3. Disseisin is an ouster of the freehold in the common and vulgar acceptation of the term ; and may be of corporeal REMEDY FOR WRONGS , ETC. 7 *
Page 7
... common law , And these remedies by entry and ejectment are the only ones she and her heir now have , the writs of cui anti divortium and sur cui ante divortium having been abolished by stat . 3 & 4 W. 4 , c . 27 , s . 36. 4. If a wo ...
... common law , And these remedies by entry and ejectment are the only ones she and her heir now have , the writs of cui anti divortium and sur cui ante divortium having been abolished by stat . 3 & 4 W. 4 , c . 27 , s . 36. 4. If a wo ...
Page 12
... common in the place wasted ; as if a man have a right of common of estovers in a wood , and the tenant destroy the wood , the commoner may have his remedy by action on the case against the tenant . SECT . II . Remedy for Injuries to ...
... common in the place wasted ; as if a man have a right of common of estovers in a wood , and the tenant destroy the wood , the commoner may have his remedy by action on the case against the tenant . SECT . II . Remedy for Injuries to ...
Page 14
... common of pasture : if a stranger , who hath no right , put his cattle upon the common , the lord may distrain them damage feasant , or may have his remedy by action of trespass : and the commoner may distrain them damage feasant , or ...
... common of pasture : if a stranger , who hath no right , put his cattle upon the common , the lord may distrain them damage feasant , or may have his remedy by action of trespass : and the commoner may distrain them damage feasant , or ...
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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.