Reports of Cases Argued and Determined in the Courts of Common Pleas, and Exchequer Chamber, and in the House of Lords: From Easter Term 36 Geo. III. 1796, to [Hilary Term 44 Geo. III. 1804] ... Both Inclusive. With Tables of the Cases and Principal Matters, 2. köideJ. Butterworth & Son, 1826 |
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Page 2
... sued forth against such bankrupt within five years after he shall become a bankrupt . So in 7 Geo . 1. c . 31 . s . 1. which empowers creditors having debita in præsenti solvenda in futuro to prove under the commission , the words used ...
... sued forth against such bankrupt within five years after he shall become a bankrupt . So in 7 Geo . 1. c . 31 . s . 1. which empowers creditors having debita in præsenti solvenda in futuro to prove under the commission , the words used ...
Page 8
... sued this Plaintiff on the bail- bond and obtained judgment , and he was obliged to pay the debt and costs . To re- cover this he sued the Defendant , who pleaded that he became Lankrupt before the cause of action accrued ; at the trial ...
... sued this Plaintiff on the bail- bond and obtained judgment , and he was obliged to pay the debt and costs . To re- cover this he sued the Defendant , who pleaded that he became Lankrupt before the cause of action accrued ; at the trial ...
Page 9
... sued for debts due , & c . he shall be discharged , and may plead that the cause of action accrued before the bankruptcy . Now , may not a cause of action accrue where there is no debt due and owing ? Yet the debt must be prove- able ...
... sued for debts due , & c . he shall be discharged , and may plead that the cause of action accrued before the bankruptcy . Now , may not a cause of action accrue where there is no debt due and owing ? Yet the debt must be prove- able ...
Page 10
... sued . I will not say how such bonds as these could be admitted . But these cases are strong authorities . And if in the case at the bar judgment had been obtained against the bankrupt , it would have been similar in principle to them ...
... sued . I will not say how such bonds as these could be admitted . But these cases are strong authorities . And if in the case at the bar judgment had been obtained against the bankrupt , it would have been similar in principle to them ...
Page 26
... sued the grantor on the general covenant , the Court of Chancery re- strained him from proceeding . Now this must have been done on the ground of the intent of the parties appearing on the in- strument ; since that intent , and the ...
... sued the grantor on the general covenant , the Court of Chancery re- strained him from proceeding . Now this must have been done on the ground of the intent of the parties appearing on the in- strument ; since that intent , and the ...
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Common terms and phrases
act of bankruptcy admitted affidavit aforesaid agreement alleged appears arrest assigns assumpsit attorney averred bail bankrupt Bayley bill bond cause of action circumstances cited codicil contended contrà contract convoy costs count Court court of equity covenant creditor custom damages debt declaration Defendant Defendant's delivered demand demurrer devise discharged entered entitled error evidence execution executors fendant freehold HEATH heirs held hops indorser intention issue John Seale judgment jury Justice Kewley King's Bench lands latter lease leasehold liable Lord ALVANLEY Lord ELDON Lord Mansfield ment mentioned messuages nonsuit obtained opinion paid parish parliament parties payment person Plaintiff Plaintiff in error plea pleaded promissory note question received recover respect ROOKE rule nisi Runnington seised seisin Serjt Shepherd sheriff shewed cause ship statute sued tenant Term Rep testator thereof tion tithe trial usage verdict Vide warrant wife words writ
Popular passages
Page 15 - To have and to hold the said hereditaments and premises hereby granted, or mentioned and intended so to be, with the appurtenances unto the said , his heirs and assigns, to and for the only proper use and behoof of the said , his heirs and assigns forever.
Page 394 - CJ, reserved the point, and directed the jury to find a verdict for the plaintiff, with liberty to the defendant to move to enter a nonsuit. A rule nisi for that purpose having been obtained in last Michaelmas Term, — Marryat and Chitty now showed cause.
Page 238 - ... shall be allowed to be good, except the buyer shall accept part of the goods so sold, and actually receive the same, or give something in earnest to bind the bargain, or in part...
Page 539 - ... or within the space of six hours after demand shall not deliver, to the person so demanding, a true copy of the warrant or warrants of commitment and detainer of such prisoner, which he and they are hereby required to deliver accordingly ; all and every the head gaolers and keepers of such prisons, and such other person in whose custody the prisoner shall be detained...
Page 121 - America, contrary to the form of the statute in such case made and provided ; whereby and by force of the statute in that case made and provided, the said ship or vessel, together with the said tackle, apparel, and furniture, became and was forfeited.
Page 443 - ... to prosecute the proceedings in error with effect, and also to satisfy and pay (if the said judgment be affirmed, or the proceedings in error be discontinued by the plaintiff therein,) all and singular the sum or sums of money and costs adjudged or to be adjudged upon the former judgment, and all costs and damages to be also awarded for the delaying of execution, and shall give notice thereof to the defendant in error, or his attorney.
Page 305 - that if a man hath lands in fee, and lands for years, and deviseth all his lands and tenements, the fee-simple lands pass only and not the lease for years : and if a man hath a lease for years and no fee simple, and deviseth all his lands and tenements, the lease for years passeth : for otherwise the will should be merely void
Page 535 - ... the sum of two hundred pounds, and shall and is hereby made incapable to hold or execute his said office; the said penalties to be recovered by the prisoner or party grieved, his executors or administrators...
Page 382 - The jury, under the direction of the learned Judge, found a verdict for the plaintiff. The foundation of this action was negligence; and if the statute of Anne, and consequently the 14 G.
Page 212 - America, in any other ship or ships, vessel or vessels whatsoever, but in such ships or vessels as do truly and without fraud belong only to the people of England...