Civil Procedure at Common LawWest Publishing Company, 1899 - 416 էջ |
Բովանդակություն
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Common terms and phrases
21 Chit abolished action of debt action of trespass actual alleged annuity assize assumpsit attorneys Booth Browne cause of action chattels common counts common law Common Law Procedure covenant damages declaration defendant deforced demand demurrer detained detention detinet detinue Dicey disseisin disseisor dower ejectment enforcement equity ex delicto fact fee simple fee tail Fitz forcible form of action freehold Gould heir Hist implied injury issue joinder judgment judicial writ jurisdiction land Law Procedure Act liable maintain Mait Nature and Characteristic original writ party personal actions plaintiff pleading pleas in abatement possessory action proceedings profert promise proprietary Real Ac real actions recover recovery redress Reeves remainderman remedy replevin right of possession right of property Roscoe rule Saund seal seisin sheriff simple contracts statute Steph sued suit tenant Tidd tort trover Vict violation Writ of Entry writ of right wrongful
Սիրված հատվածներ
Էջ 226 - 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 383 - EP his attorney, comes and defends the wrong and injury, when, etc., and says, that the said declaration and the matters therein contained in manner and form as the same are above stated and set forth...
Էջ 383 - CD is not bound by the law of the land to answer the same, and this he is ready to verify ; wherefore, for want of a sufficient declaration (or "first count of the said declaration") in this behalf, the said CD prays judgment, and that the said AB may be barred from having or" maintaining his aforesaid action thereof against him, &c.
Էջ 375 - AB, was seised of the tenements aforesaid, with the appurtenances in his demesne, as of fee and right in the time of peace, in the time of the Lord George the Third, late King of Great Britain, to wit, •within sixty years now last past, by taking the esplees thereof to the value, &c.
Էջ 258 - In every species of assumpsit, all matters in confession and avoidance, including not only those by way of discharge, but those that show the transaction to be either void or voidable in point of law, on the ground of fraud, or otherwise, shall be specially pleaded; ex.
Էջ 336 - ... according as the very right of the cause and matter in law shall appear unto them, without regarding any imperfection, omission, or defect in any writ, return, plaint, declaration, or other pleading, process, or course of proceeding whatsoever, except those only which the party demurring shall specially and particularly set down and express, together with his demurrer...
Էջ 358 - ... servitia, and no other action real or mixed, (except a writ of right of dower, or writ of dower unde nihil habet, or a quare impedit, or an ejectment,) and no plaint in the nature of any such writ or action, (except a plaint for freebench or dower,) shall be brought after the 31st day of December, 1834.
Էջ 381 - By virtue of which said demise, the said John Doe entered into the said tenements, with the appurtenances, and became and was thereof possessed for the said term, so to him thereof granted, as aforesaid. — And the said John Doe, being so thereof possessed, the said Richard...
Էջ 300 - If an act of parliament or a private instrument contain in it, first, a general clause, and afterwards a separate and distinct clause, which has the effect of taking out of the general clause something which would otherwise be included in it, a party relying upon the general clause in pleading may set out that clause only, without noticing the separate and distinct clause which operates as an exception.
Էջ 310 - But whether, upon the whole matter by the jurors found, the killing of Richard Parker by Dudley and Stephens be felony and murder, the jurors are ignorant, and pray the advice of the Court thereupon, and if upon the whole matter the Court shall be of opinion that the killing of Richard Parker be felony and murder, then the jurors say that Dudley and Stephens were each guilty of felony and murder as alleged in the indictment.