Forms of Practice; Or, American Precedents in Personal and Real Actions, Interspersed with AnnotationsMasters, Smith & Company, 1851 - 664 pages |
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Common terms and phrases
accept according afore afterwards alleged appurtenances Assumpsit became liable bill of exchange breach called &c cargo chattels consideration thereof county of &c court covenant day of &c debt deceased declaration defendant delivered delivery demand Detinue divers duly dwellinghouse executor false force and arms freight gelding heirs hops horse indenture indorsed injure judgment land last mentioned maintained maliciously master meaning the plaintiff merchandises messuage negligence never paid notice payable payment performed person plain plaintiff avers plaintiff further plaintiff hath plaintiff in fact plaintiff to pay possession pounds weight promise aforesaid promised the plaintiff promissory note Quantum meruit recover Replevin Salk seized sell sheriff ship sold special request statute suit sum of &c sum of money testator thereafterwards thereby therein thereto tiff tion Trespass Trover unto value of &c value received vessel voyage whereas whereby the plaintiff wholly refused wife writ of execution
Popular passages
Page 525 - And the said records and judicial proceedings, authenticated as aforesaid, shall have such faith and credit given to them in every court within the United States as they have by law or usage in the courts of the State from whence the said records are or shall be taken.
Page 485 - ... thence next ensuing : and fully to be complete and ended...
Page 125 - The declaration also contains a count for money paid by the plaintiff for the use of the defendant, and a count for money had and received by the defendant to the use of the plaintiff.
Page 458 - March one thousand eight hundred and thirty-one, the full and exclusive right and liberty of making, constructing, using and vending to others to be used...
Page 525 - that the judgment of a state court should have the same credit, validity, and effect in every other court in the United States, which it had in the State where it was pronounced, and that whatever pleas would be good to a suit thereon in such State, and none others, could be pleaded in any other court of the United States.
Page 230 - ... until the same be there discharged and safely landed. And it shall be lawful for the said ship, &c, in this voyage, to proceed and sail to and touch and stay at any ports or places whatsoever without prejudice to this insurance.
Page 470 - ... aforesaid, casually lost the said * * * goods and chattels, out of his possession ; and the same afterwards, to wit, on the day and year first aforesaid, at, &c.
Page 114 - ... assumpsit for money had and received by the defendant to the plaintiff's use...
Page 203 - October last being indebted to the plaintiff in the sum of twenty one pounds eighteen shillings lawful money according to the account annexed in consideration thereof then and there promised the plaintiff to pay him...
Page 225 - Be it known that as well in own name as for and in the name and names of all and every other person or persons to whom the same doth, may, or shall appertain, in part or in all...