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 13
... refusing to grant his warrant . The defendant pleaded out- good plea to an lawry of the plaintiff , to which the ... refuse to accept it , but if he once acquiesce by accepting the plea he not pleaded sub cannot afterwards demur . See ...
... refusing to grant his warrant . The defendant pleaded out- good plea to an lawry of the plaintiff , to which the ... refuse to accept it , but if he once acquiesce by accepting the plea he not pleaded sub cannot afterwards demur . See ...
Page 35
... refused to days after the re- accept , and signed judgment as for want of a plea . It was contended , turn of the writ , on behalf of the plaintiff , that the rule , that a plea in abatement and justify his must be put in within four ...
... refused to days after the re- accept , and signed judgment as for want of a plea . It was contended , turn of the writ , on behalf of the plaintiff , that the rule , that a plea in abatement and justify his must be put in within four ...
Page 45
... refused the plea for want of refused , but can- a defence ; but if he receives it he admits the defence , and cannot to after accept- demur for that cause . would be inconsistent with the nature of the defence , as in pleas to the ...
... refused the plea for want of refused , but can- a defence ; but if he receives it he admits the defence , and cannot to after accept- demur for that cause . would be inconsistent with the nature of the defence , as in pleas to the ...
Page 77
... refused ; but that the omission to answer over to the substance of the charge did not render the plea demurrable , because the defendant might plead over to the felony after the plea had been determined against him . See 2 Hale , P. C. ...
... refused ; but that the omission to answer over to the substance of the charge did not render the plea demurrable , because the defendant might plead over to the felony after the plea had been determined against him . See 2 Hale , P. C. ...
Page 98
... refused to re - deliver it , observing , that as he had been unable to clear the objection of the plaintiff's counsel , the abstract would be the property of useless to the plaintiff . The plaintiff offered to take the estate with the ...
... refused to re - deliver it , observing , that as he had been unable to clear the objection of the plaintiff's counsel , the abstract would be the property of useless to the plaintiff . The plaintiff offered to take the estate with the ...
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...