An Abridgment of the Law of Nisi Prius ...W. Clarke and Sons, 1812 - 1250 էջ |
From inside the book
Արդյունքներ 100–ի 1-ից 5-ը:
Էջ 10
... amount to a rape . I do not see , therefore , any good reason why either of them should be the subject of an action of trespass . But it seems from the cases which we have looked into , that the action for criminal conversation has been ...
... amount to a rape . I do not see , therefore , any good reason why either of them should be the subject of an action of trespass . But it seems from the cases which we have looked into , that the action for criminal conversation has been ...
Էջ 25
... amount of the damages given , as compared with the facts of the case laid before the jury , that the jury must have acted under the influence , either of undue motives , or some gross error or misconception on the subject , the court ...
... amount of the damages given , as compared with the facts of the case laid before the jury , that the jury must have acted under the influence , either of undue motives , or some gross error or misconception on the subject , the court ...
Էջ 26
... amount to an assault , must in every case be collected from the intention . Trespass for assault : Plea , son assault demesne . Replication , de injuria suá propria . The defendant and another person were fighting , and the plaintiff ...
... amount to an assault , must in every case be collected from the intention . Trespass for assault : Plea , son assault demesne . Replication , de injuria suá propria . The defendant and another person were fighting , and the plaintiff ...
Էջ 35
... amount in law to a battery by the de- fendant , otherwise it will not be tantamount to an admis- sion , and the plea will be bad , as being in violation of the preceding rule ; although the defendant might have suc- ceeded , if he had ...
... amount in law to a battery by the de- fendant , otherwise it will not be tantamount to an admis- sion , and the plea will be bad , as being in violation of the preceding rule ; although the defendant might have suc- ceeded , if he had ...
Էջ 38
... against both , to the amount which they thought the most culpable ought to pay . Brown v . Allen and Oliver , 4 Esp . N. P. C. 158 . court will permit the plaintiff , in order to cure 38 ASSAULT AND BATTERY . Of the Verdict and Judgment.
... against both , to the amount which they thought the most culpable ought to pay . Brown v . Allen and Oliver , 4 Esp . N. P. C. 158 . court will permit the plaintiff , in order to cure 38 ASSAULT AND BATTERY . Of the Verdict and Judgment.
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Common terms and phrases
acceptance acceptor act of bankruptcy action brought action for money adjudged afterwards agreement appear arrest assigned assumpsit averred bankrupt bill of exchange bond breach Buller Burr Camp carrier Carth cause of action cited commission common law consideration contract court covenant coverture Cowp creditor damages deed defendant pleaded defendant's delivered demised demurrer detinue discharged distrain Doug drawer East East's Eliz endorser evidence execution executor feme covert fendant given heir holden Holt C. J. indenture Inst issue judgment jury land latitat lease lessee lessor liable Lord Ellenborough C. J. Lord Hardwicke Lord Mansfield marriage ment non est factum notice observed opinion paid party payable payee payment person plaintiff plea promise promissory note prove Raym received recover rent rule Salk sheriff shew stat statute sued sufficient tenant testator tion trade trespass usury verdict void Wils writ
Սիրված հատվածներ
Էջ 443 - After verdict for the plaintiff, it was moved in arrest of judgment that the action would not lie for this false affirmation, but the plaintiff ought to have informed himself by others.
Էջ 239 - ... in the same manner as if the action had been brought by and in the name of the deceased.
Էջ 464 - The distinction is very clear, where mutual covenants go to the whole of the consideration on both sides, they are mutual conditions, the one precedent to the other. But where they go only to a part, where a breach may be paid for in damages, there the Defendant has a remedy on his covenant, and shall not plead it as a condition precedent.
Էջ 224 - ... if he shall have paid the debt, or any part thereof, in discharge of the whole debt...
Էջ 459 - When a ship is driven on shore, it is the duty of the master either to repair his ship, or to procure another; and having performed the voyage, he is then entitled to his freight ; but he is not entitled to the whole freight, unless he perform the whole voyage, except in cases where the owner of the goods prevents him ; nor is he entitled pro rata unless under a new agreement.
Էջ 226 - ... petition to the Lord Chancellor, Lord Keeper or Lords Commissioners of the Great Seal...
Էջ 124 - ... and this he is ready to verify; wherefore he prays judgment if the plaintiff ought further to maintain his action.
Էջ 411 - And this difference was taken, that where the law creates a duty or charge, and the party is disabled to perform it without any default in him, and hath no remedy over, there the law will excuse him.
Էջ 137 - 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, and such Matter may be given in Evidence upon the General Issue, or pleaded in Bar, as the Nature of the Case shall require...
Էջ 230 - That where it shall appear to the commissioners, or the major part of them, that there hath been mutual credit given by the bankrupt and any other person...