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, صفحة 483،المجلد 1Baldwin, Cradock, and Joy, 1825 |
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الصفحة 29
... executor , the defendant pleaded That one sued in bar that he was administrator . Per Cur . This is not pleadable in bar ; for if an action be brought against an administrator by the name of executor , and judgment had therein , the ...
... executor , the defendant pleaded That one sued in bar that he was administrator . Per Cur . This is not pleadable in bar ; for if an action be brought against an administrator by the name of executor , and judgment had therein , the ...
الصفحة 46
... executor appointed by the testator , and who had adminis- jury , when , & c . , tered , had not been joined in the action . is not such a full defence as to General demurrer . In support of which it was argued , that the prevent him ...
... executor appointed by the testator , and who had adminis- jury , when , & c . , tered , had not been joined in the action . is not such a full defence as to General demurrer . In support of which it was argued , that the prevent him ...
الصفحة 50
... executor to J. W .; the defendant contains matter pleaded that he was administrator and not executor , and concluded in bar . It was contended , on behalf of the plaintiff , that as the matter pleaded was only in abatement , and the ...
... executor to J. W .; the defendant contains matter pleaded that he was administrator and not executor , and concluded in bar . It was contended , on behalf of the plaintiff , that as the matter pleaded was only in abatement , and the ...
الصفحة 51
... executor , he pleaded A plea , with an petit judicium in ipso ad billam præd respondere debeat quia dicit , that inaccurate con- administration was granted , and that he ought to be sued as executor clusion , cannot and not as ...
... executor , he pleaded A plea , with an petit judicium in ipso ad billam præd respondere debeat quia dicit , that inaccurate con- administration was granted , and that he ought to be sued as executor clusion , cannot and not as ...
الصفحة 52
... executor , defendant pleaded in abatement that the promises were jointly made with one A. B. and the present plain- tiff , and prayed judgment , that the declaration might be quashed , & c . Demurrer , that the defendant had improperly ...
... executor , defendant pleaded in abatement that the promises were jointly made with one A. B. and the present plain- tiff , and prayed judgment , that the declaration might be quashed , & c . Demurrer , that the defendant had improperly ...
عبارات ومصطلحات مألوفة
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
مقاطع مشهورة
الصفحة 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...
الصفحة 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...
الصفحة 78 - ... with intent to procure the miscarriage of any woman not being, or not being proved to be, then quick with child...
الصفحة 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.
الصفحة 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.
الصفحة 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.
الصفحة 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.
الصفحة 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...
الصفحة 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.
الصفحة 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...