The Practice of the Courts of King's Bench, and Common Pleas: In Personal Actions; and Ejectment: to which are Added, the Law and Practice of Extents; and the Rules of Court, and Modern Decisions, in the Exchequer of Pleas, Volumen2Towar & Hogan, 1828 - 1447 páginas |
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Página 752
... cause , without regarding any such imper- fections , omissions and defects , or any other matter of like nature , except the same shall be specially and particularly set down , and shewn for cause of demurrer , notwithstanding the same ...
... cause , without regarding any such imper- fections , omissions and defects , or any other matter of like nature , except the same shall be specially and particularly set down , and shewn for cause of demurrer , notwithstanding the same ...
Página 755
... cause of action is substantially the same ; though not for a different cause of action . In the Common Pleas , the course of the court formerly was , that the plaintiff might , at any time before the end of the second term , have leave ...
... cause of action is substantially the same ; though not for a different cause of action . In the Common Pleas , the course of the court formerly was , that the plaintiff might , at any time before the end of the second term , have leave ...
Página 766
... cause why he should not have leave to amend his two pleas , and to add a third plea , the rule was made absolute , upon payment of costs . So where , in a plea by an executor of a former judgment recovered , a less sum was stated by ...
... cause why he should not have leave to amend his two pleas , and to add a third plea , the rule was made absolute , upon payment of costs . So where , in a plea by an executor of a former judgment recovered , a less sum was stated by ...
Página 767
... cause of demurrer , was to give the party an opportunity of amending . And even where the proceedings are entered on ... cause , why the plaintiff should not have leave to withdraw his demurrer , and reply to the plea ; which rule , no ...
... cause of demurrer , was to give the party an opportunity of amending . And even where the proceedings are entered on ... cause , why the plaintiff should not have leave to withdraw his demurrer , and reply to the plea ; which rule , no ...
Página 775
... cause of action accrued ; secondly , when it is of a term subse- quent to the cause of action , but of the same term with the declara- tion ; thirdly , when it is of a term subsequent to the declaration , and within four terms after ...
... cause of action accrued ; secondly , when it is of a term subse- quent to the cause of action , but of the same term with the declara- tion ; thirdly , when it is of a term subsequent to the declaration , and within four terms after ...
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Términos y frases comunes
action of debt affidavit afterwards amend Append arbitrator assigned assizes assumpsit attorney award bail bankrupt Barnes bill Bing Blac bond Brod capias ad satisfaciendum Carth cause certiorari Chap Chit clerk common law Common Pleas costs court of Common court of King's damages debtor declaration default defendant's delivered demurrer Dowl Durnf East elegit Eliz entered entitled error coram nobis evidence Exchequer execution executor fieri facias Gilb given holden issue judge judgment jury King's Bench lands levied Marsh matter Maule & Sel ment Moore motion nisi prius nolle prosequi nonsuit notice of trial party person plaintiff in error pleaded Price proceedings Raym recognizance record recovered replevin roll Salk Saund scire facias sheriff shew statute sued suit taken Taunt term thereon tiel trespass venire verdict Wils writ of error
Pasajes populares
Página 728 - An Act for the encouragement of learning, by securing the copies of maps, charts, and books, to the authors and proprietors of such copies during the times therein mentioned." And also to the act, entitled " An Act supplementary to an Act, entitled, " An Act for the encouragement of learning, by securing the copies of maps, charts, and books, to the authors and proprietors of such copies during the time therein mentioned," and extending the benefits thereof to the arts of designing, engraving, and...
Página 837 - Warwick aforesaid, by whom the truth of the matter may be the better...
Página 728 - Co. of the said district, have deposited in this office the title of a book, the right whereof they claim as proprietors, in the words following, to wit : " Tadeuskund, the Last King of the Lenape. An Historical Tale." In conformity to the Act of the Congress of the United States...
Página 994 - Parliament, if the jury upon the trial of the issue in such action, or the jury that shall inquire of the damages, do find or assess the damages under forty shillings, then the plaintiff or plaintiffs in such action shall have and recover only so much costs as the damages so given or assessed amount unto, without any further increase of the same; any law, statute, custom, or usage to the contrary in anywise notwithstanding.
Página 964 - And if there be two or more plaintiffs or defendants, and one or more of them shall die, if the cause of action shall survive to the surviving plaintiff or plaintiffs, or against the surviving defendant or defendants...
Página 1054 - ... pay to the landlord of the said premises or his bailiff, all such sum or sums of money as are or shall be due for rent for the said premises at the time of the taking of such goods or chattels by virtue of such execution: provided the said arrears of rent do not amount to more than one year's rent...
Página 873 - ... court; and a rule shall thereupon be made by the said court, that the parties shall submit to, and finally be concluded by, the arbitration or umpirage which shall be made concerning them, by the arbitrators or umpire pursuant to such submission...
Página 1076 - Court referred it to the master to take an account of the rents and profits of...
Página 919 - And wherever thereafter it shall appear on the trial of any ejectment, at the suit of a landlord against a tenant, that such tenant or his attorney hath been served with due notice of trial, the plaintiff shall not be nonsuited for default of the defendant's appearance, or of confession of lease, entry, and ouster...
Página 917 - It is doubtless within the province of a court, in the exercise of its discretion, to sum up the facts in the case to the jury, and submit them, with the inferences of law deducible therefrom, to the free judgment of the jury. But care...