A Digest of the Questions Asked at the Final Examination of Articled Clerks in the Common Law, Conveyancing, and Equity Divisions from the Commencement of the Examinations in 1836 to the Present Time, with Answers Arranged as Far as Practicable in the Same Order as the Text Books from which They are Taken: Also a List of Statutes Referred to and Cases Cited, with a Time Table in an Action, and the Mode of Proceeding, and Directions to be Attended to at the Examination, with the Rules of the Honours ExaminationH. Cox, 1884 - 635 pages |
From inside the book
Results 1-5 of 86
Page 9
... appear on the agreement , or may it be supplied by parol testimony ? A. - It is necessary - except in the case of a guarantee , a bill of exchange , or a promissory note - that the consideration should appear on the face of the written ...
... appear on the agreement , or may it be supplied by parol testimony ? A. - It is necessary - except in the case of a guarantee , a bill of exchange , or a promissory note - that the consideration should appear on the face of the written ...
Page 15
... appears and claims the goods . What are the respective rights of A. and B. ? ( a ) The right of a lien is not incompatible with a right on the part of a person claiming it to sue for the same debt ; but he may do so , retaining his lien ...
... appears and claims the goods . What are the respective rights of A. and B. ? ( a ) The right of a lien is not incompatible with a right on the part of a person claiming it to sue for the same debt ; but he may do so , retaining his lien ...
Page 20
... appears to have been so intended . So a warranty is in certain cases implied : ( see Chit . Cont . 414 , et seq . 11th edit .; Chandelor v . Lopus , Sm . L. C. vol . i . ) Q. In an action on the warranty of a horse , would an implied ...
... appears to have been so intended . So a warranty is in certain cases implied : ( see Chit . Cont . 414 , et seq . 11th edit .; Chandelor v . Lopus , Sm . L. C. vol . i . ) Q. In an action on the warranty of a horse , would an implied ...
Page 22
... appears not : ( Brown v . Andrew , 18 L. J. 153 , Q. B .; Chit . Cont . 202 , 11th edit . ) But this rule would seem not to be strictly followed in cases of mercantile agency : ( see Godfrey v . Saunders , 3 Wils . 73 ; Dickson v ...
... appears not : ( Brown v . Andrew , 18 L. J. 153 , Q. B .; Chit . Cont . 202 , 11th edit . ) But this rule would seem not to be strictly followed in cases of mercantile agency : ( see Godfrey v . Saunders , 3 Wils . 73 ; Dickson v ...
Page 29
... appear in the writing evidencing the guarantee , as was formerly necessary : ( sect . 3. ) Merchants ' accounts are now placed on the same footing with respect to the time for bringing an action thereon as other simple THE LAW OF ...
... appear in the writing evidencing the guarantee , as was formerly necessary : ( sect . 3. ) Merchants ' accounts are now placed on the same footing with respect to the time for bringing an action thereon as other simple THE LAW OF ...
Common terms and phrases
13th edit 20 Vict 2nd edit 31 Vict 46 Vict 8th edit advowson affidavit answer appear apply appointed Arch assignment bill Chancery Division chattels Chit chose in action common law Cont contract Conv conveyance copyhold costs County Court Court of Chancery court of equity court or judge covenant creditor damages death debt deceased deed default defendant devise entitled equity evidence execution executor fee simple freehold give grant heirs High Court husband indorsed infant interest issue judgment jurisdiction L. T. Rep land lease legacy lessee liable Lord marriage married mortgage mortgagor necessary notice obtained party payable payment personal estate plaintiff pleading possession proceedings purchaser Q.-State Q.-What real estate recover remainder rent rule sect settlement solicitor statement of claim statute Statute of Frauds tenant in tail thereof trial trustees unless vendor wife writ writ of summons
Popular passages
Page 34 - A cheque is a Bill of Exchange drawn on a banker payable on demand. Promissory Note. — A Promissory Note is an unconditional promise in writing made by one person to another, signed by the maker, engaging to pay on demand or at a fixed or determinable future time, a sum certain in money...
Page 33 - A bill of exchange is an unconditional order in writing, addressed by one person to another, signed by the person giving it, requiring the person to whom it is addressed to pay on demand or at a fixed or determinable future time a sum certain in money to or to the order of a specified person, or to bearer.
Page 502 - Court shall think just; and if an injunction is asked, either before, or at, or after the hearing of any cause or matter, to prevent any threatened or apprehended waste or trespass, such injunction may be granted, if the Court shall think fit, whether the person against whom such injunction is sought is or is not in possession under any claim of title or otherwise, or (if out of possession) does or does not claim a right to do the act sought to be restrained under any colour of title; and whether...
Page 33 - That no action shall be brought whereby to charge any person upon or by reason of any representation or assurance made or given concerning or relating to the character, conduct, credit, ability, trade, or dealings of any other person, to the intent or purpose that such other person may obtain credit, money, or goods upon, unless such representation or assurance be made in writing, signed by the party to be charged therewith.
Page 85 - Judge may, on the application of the plaintiff before trial, if in the opinion of the Court or Judge such set-off or counter-claim cannot be conveniently disposed of in the pending action, or ought not to be allowed, refuse permission to the defendant to avail himself thereof.
Page 357 - That no will shall be valid unless it shall be in writing and executed in manner herein-after mentioned ; (that is to say,) it shall be signed at the foot or end thereof by the testator, or by some other person in his presence and by his direction...
Page 360 - That no Will or Codicil, or any Part thereof, shall be revoked otherwise than as aforesaid, or by another Will or Codicil executed in manner herein-before required, or by some Writing declaring an Intention to revoke the same, and executed in the Manner in which a Will is hereinbefore required to be executed...
Page 9 - An agreement that by its terms is not to be performed within a year from the making thereof ; 2.
Page 580 - ... that the company is to be dissolved, and the company in general meeting has passed a resolution requiring the company to be wound up voluntarily.
Page 548 - Order, application for leave to amend any pleading may be made by either party to the Court or a Judge in Chambers, or to the Judge at the trial of the action, and such amendment may be allowed upon such terms as to costs or otherwise as may seem 15 just. 7. If a party who has obtained an order for leave to amend...