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 14
... executors . Defendant pleaded in abatement by petit judicum de brevi , & c . that one of the plaintiffs the plaintiff is a is a popish recusant convict , and therefore quasi excommunicatus by the popish recusant convict ; and stat . 3 ...
... executors . Defendant pleaded in abatement by petit judicum de brevi , & c . that one of the plaintiffs the plaintiff is a is a popish recusant convict , and therefore quasi excommunicatus by the popish recusant convict ; and stat . 3 ...
الصفحة 17
... Executor ; Parties to Actions ; Scire Facias . + But coverture , at the time when the supposed contract was entered into , may be pleaded in bar , or given in evidence under the general issue . 12 Mod . 101 ; 8 T. R. 545 ; 2 Campb . 232 ...
... Executor ; Parties to Actions ; Scire Facias . + But coverture , at the time when the supposed contract was entered into , may be pleaded in bar , or given in evidence under the general issue . 12 Mod . 101 ; 8 T. R. 545 ; 2 Campb . 232 ...
الصفحة 19
... executor the plead that the testator was alive at the time of chased . the writ pur- In such a plea a venue should be named at which the testator was alive . be pleaded with- In an action of assumpsit by original , the defendant ...
... executor the plead that the testator was alive at the time of chased . the writ pur- In such a plea a venue should be named at which the testator was alive . be pleaded with- In an action of assumpsit by original , the defendant ...
الصفحة 20
... executor the defendant craved oyer of the original , and pleaded that her testator was alive at the time of abatement that the original purchased . the action is brought before the day appoint- ed for payment . Semb . over- ruled ; vide ...
... executor the defendant craved oyer of the original , and pleaded that her testator was alive at the time of abatement that the original purchased . the action is brought before the day appoint- ed for payment . Semb . over- ruled ; vide ...
الصفحة 23
... executors of B .; to which the plaintiff de- of B. they murred . Per Cur . Where an action is brought against one person as heir , abatement and against another as executor , and the plaintiff recovers two judg- pending against ments ...
... executors of B .; to which the plaintiff de- of B. they murred . Per Cur . Where an action is brought against one person as heir , abatement and against another as executor , and the plaintiff recovers two judg- pending against ments ...
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...