A Practical and Elementary Abridgment of the Cases Argued and Determined in the Courts of King's Bench, Common Pleas, Exechequer, and at Nisi Prius: And of the Rules of Court, from the Restoration in 1660, to Michaelmas Term, 4 Geo. IV. With Important Manuscript Cases, Alphabetically, Chronologically, and Systematically Arranged and Translated; with Copious Notes and References to the Year Books, Analogous Adjudications, Text Writers, and Statutes, Specifying what Decisions Have Been Affirmed, Recognised, Qualified, Or Over-ruled; Comprising ... a Practical Treatise on the Different Branches of the Common Law, lk 483,1. köideBaldwin, Cradock, and Joy, 1825 |
From inside the book
Results 1-5 of 100
Page 15
... according to the statute in such case made and provided , party was con- and concluded the plea , prout patet per recordum . Demurrer to plea victed , and that and joinder . It was argued in support of the demurrer , and in was secundum ...
... according to the statute in such case made and provided , party was con- and concluded the plea , prout patet per recordum . Demurrer to plea victed , and that and joinder . It was argued in support of the demurrer , and in was secundum ...
Page 53
... according to the maxim nam omne majus continet in se minus . A general writ is divisible , so that it may be abated in part and remain good for the residue . Judgment , that the said counts be quashed , and plaintiff may , at his peril ...
... according to the maxim nam omne majus continet in se minus . A general writ is divisible , so that it may be abated in part and remain good for the residue . Judgment , that the said counts be quashed , and plaintiff may , at his peril ...
Page 82
... according to the known rules of common woman , are not law . principals within the statute . Where a woman is not indictable See 1 Hale , 661 ; 3 Inst . 61 ; 1 Hawk . P. C. c . 41. s . 9 ; 1 East , .P . C. c . 11. s . 2. p . 452. 453 ...
... according to the known rules of common woman , are not law . principals within the statute . Where a woman is not indictable See 1 Hale , 661 ; 3 Inst . 61 ; 1 Hawk . P. C. c . 41. s . 9 ; 1 East , .P . C. c . 11. s . 2. p . 452. 453 ...
Page 90
... according to the date of the dignity . 8 Cruise , Dig . 249. The abeyance terminates as a matter of course whenever there remains , by the death of some of the co - heirs , but one heir ; but the at- tainder of one of two co - heirs ...
... according to the date of the dignity . 8 Cruise , Dig . 249. The abeyance terminates as a matter of course whenever there remains , by the death of some of the co - heirs , but one heir ; but the at- tainder of one of two co - heirs ...
Page 105
... according to due course of law , was tried in a separate in- and duly convicted upon an indictment , & c .; that he , together with dictment against S. G. did feloniously and burglariously break and enter the dwelling- state the judg ...
... according to due course of law , was tried in a separate in- and duly convicted upon an indictment , & c .; that he , together with dictment against S. G. did feloniously and burglariously break and enter the dwelling- state the judg ...
Common terms and phrases
accessary Accord and Satisfaction action of assumpsit Administration Admiralty Adultery advowson Affidavit of Debt afterwards Alien Enemy alleged allocatur Amendment Annuity Anon appeared arrest assumpsit attorney averred bail Baron and Feme bill bishop bond brought Burr Campb Carth cause of action Chit church cited common law count Court covenant coverture damages declaration defendant pleaded defendant's demurrer deponent discharged East Eliz entitled evidence executor fendant filed granted Holt imparlance indictment issue joinder judge judgment jurisdiction jury justice K. B. C. P. Ex king latitat Lord Ellenborough Lord Raym Lutw ment motion nonsuit notice objection obtained offence opinion party person plaintiff plea pleaded in abatement Prac present prisoner quod replication respondeas ouster rule Salk Saund scire facias Sed per Cur Semb show cause stat statute Stra sued suit Taunt tion trespass trial verdict wife Wils
Popular passages
Page 188 - ... at least one calendar month before the suing out or serving the same ; in which notice shall be clearly and explicitly contained the cause of action which such party hath or claimeth to have against such justice of the peace...
Page lxxxii - W. 3, c. 11, s. 7 (i), it was enacted, "that if there be two or more plaintiffs or defendants, and one or more of them should die, if the cause of such action shall survive to the surviving plaintiff or plaintiffs, or against the surviving defendant...
Page 78 - ... with intent to procure the miscarriage of any woman not being, or not being proved to be, then quick with child...
Page 472 - Majesty, her heirs or successors, or the domestick, or domestick servant of any such ambassador, or other publick minister, may be arrested or imprisoned, or his or their goods or chattels may be distrained, seized, or attached, shall be deemed and adjudged to be utterly null and void to all intents, constructions, and purposes whatsoever.
Page i - A Practical and Elementary Abridgment of the Cases Argued and Determined in the Courts of King's Bench, Common Pleas, Exchequer, and at Nisi Prius ; And of the Rules of Court, From the Restoration in 1660, to Mich.
Page 186 - Judges ought to lean against every attempt to nonsuit a plaintiff on objections which have no relation to the real merits. It is unconscionable in a defendant to take advantage of the apices litigandi : against such objections every possible presumption ought to be, made which ingenuity can suggest.
Page 109 - But a judgment recovered in any form of action is still but a security for the original cause of action, until it be made productive in satisfaction to the party ; and therefore till then it cannot operate to change any other collateral concurrent remedy which the party may have.
Page 188 - ... by him done in the execution of his office, until notice in writing of such intended writ or process shall have been delivered to him, or left at the usual place of his abode...
Page 196 - Cases may be found in which it is held, that, where the computation is to be made from an act done, the day on which the act is done is to be included.
Page 141 - This statute (without any such intention in the makers') had like to have ousted the king's bench of all its jurisdiction over civil injuries without force ; for as the bill of Middlesex was framed only for actions of trespass, a defendant could not be arrested and held to bail thereupon for breaches of civil contracts. But to remedy this inconvenience, the officers of the king's bench devised a method of adding what is called a clause of...