A Treatise on the Principles of Pleading in Civil Actions: Comprising a Summary View of the Whole Proceedings in a Suit at LawKay & Brother, 1867 - 367 էջ |
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Այլ խմբագրություններ - View all
A Treatise on the Principles of Pleading in Civil Actions: Comprising a ... Henry John Stephen Ամբողջությամբ դիտվող - 1867 |
Common terms and phrases
1st edit absque hoc action of debt action of trespass aforesaid afterwards alleged ancient answer appear Appendix applied assault assignment assumpsit attorney Barn Bing bond conditioned Bract Carth cause of action Chitty claim color commencement common law confession and avoidance course covenant Cress damages declaration deed defendant pleaded demise demurrer denial deny detinue Doct effect Eliz estoppel example Exch fendant feoffment given indenture issue in fact issue in law judge judgment jury King King's Bench laid Litt Lord manner and form matter ment nisi prius non est factum NOTE objection observed original writ plaintiff hath plea in abatement Pleader pleadings in confession possession practice proceeding promise record replevin replication respect Salk Saund seised seisin special traverse statute sufficient suit summoned tender term thereof tion trial venue verdict Vide supra writ of right
Սիրված հատվածներ
Էջ 14 - We have commanded you], that within Eight Days after the Service of this Writ on you, inclusive of the Day of such Service, you do cause...
Էջ xlv - IN all actions of assumpsit, except on bills of exchange and promissory notes, the plea of non assumpsit shall operate only as a denial in fact of the express contract or promise alleged, or of the matters of fact from which the contract or promise alleged may be implied by law.
Էջ cxiii - ... payment of costs to the other party, or postponing the trial to be had before the same or another jury, or both payment of costs and postponement as such Court or judge shall...
Էջ 14 - We command you, That within eight days after the service of this writ on you, inclusive of the day of such service, you do cause an appearance to be entered...
Էջ 168 - ... thence next ensuing : and fully to be complete and ended...
Էջ xlvii - In actions on the case, the plea of not guilty shall operate as a denial only of the breach of duty or wrongful act alleged to have been committed by the defendant, and not of the facts stated in the inducement...
Էջ 428 - The office of a proviso, generally, is either to except something from the enacting clause, or to qualify or restrain its generality, or to exclude some possible ground of misinterpretation of it, as extending to cases not intended by the legislature to be brought within its purview.
Էջ 142 - In the margin of every demurrer, before it is signed by counsel, some matter of law intended to be argued shall be stated, and if any demurrer shall be delivered without such statement, or with a frivolous statement, it may be set aside as irregular by the Court or a Judge, and leave may be given to sign judgment as for want of a plea.
Էջ 379 - Wherefore he prays judgment if the said plaintiff ought to have or maintain his aforesaid action against him," etc., (a conclusion in bar,) is bad.
Էջ cxiv - ... court shall think reasonable ; and after any such amendment the trial shall proceed, whenever the same shall be proceeded with, in the same manner in all respects, and with the same consequences, both with respect to the liability of witnesses to be indicted for perjury and otherwise, as if no such variance had occurred...