A Digest of the Laws of England, Հատոր 6Collins & Hannay, 1825 |
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Common terms and phrases
action administrator advowson alleged appear assigned assumpsit attorney averment avowry award bail Barnes breach Brownl capias common cont costs count covenant damages debet debt on bond deed default defendant justifies defendant may plead defendant pleads defendant's delivered demand demise demurrer detinue discharge ejectment entered essoin execution executor feoffment granted guilty heir Ibid imparlance issue Johns judgment jury land latitat lease matter nolle prosequi non est factum nonsuit notice oyer party payment plaintiff replies plea plead in abatement quare impedit quod record rent replevin replication rule Sand scire facias seised seisin Semb sheriff shew statute sued Taunt tenant tender term testator tiel traverse trespass trial Vent verdict Vide post warrant Wils writ of error writ of inquiry
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Էջ 501 - Whether a party is guilty of negligence, or not, is a question of fact for the jury, and not a question of law for the court to decide, when the evidence tends to establish such negligence.
Էջ 335 - Geo. 4, c. 16, s. 50, by which it is enacted, that " where there has been mutual credit given by the bankrupt and any other person...
Էջ 333 - that where there are mutual debts between the plaintiff and defendant, or if either party sue or be sued as executor or administrator, where there are mutual debts between the testator or intestate and either party, one debt may be set against the other...
Էջ 333 - ... pleading the general issue, where any such debt of the plaintiff, his testator or intestate, is intended to be insisted on in evidence, notice shall be given of the particular sum or debt so intended to be insisted on, and upon what account it became due, or otherwise such matter shall not be allowed in evidence upon such general issue.
Էջ 121 - The question upon these pleadings comes to this, whether a nominal plaintiff, suing for the benefit of his assignee, can, by a dismissal of the suit under a collusive agreement with the defendant, create a valid bar against any subsequent suit for the same cause of action.
Էջ 538 - ... justify under a sufficient legal process if he had it in fact at the time, although he declared then that he entered for another cause.
Էջ 17 - ... may enter a common appearance, or file common bail for the defendant, and proceed thereon as if such defendant had entered his appearance or filed common bail.
Էջ 364 - A person contracted to build a house upon the land of another. Before it was completed it was destroyed by fire. It was held that he was not thereby excused from the...
Էջ 364 - Dyche(b) is a still stronger case: it was there held, that, if two persons agree to perform certain work in a limited time, or to pay a stipulated weekly sum for such time afterwards as it should remain unfinished, and a bond is prepared in the name of both, but is executed by one only, with condition for the due performance of the work, or the payment of the weekly sum, and the work is not finished...
Էջ 335 - ... that there hath been mutual credit given by the bankrupt and any other person, or mutual debts between...