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 735
... issue , he cannot have a writ of inquiry on the demurrer ; because , on the trial of the issue , the same jury will ascertain the damages for that part which is demurred to . " But in a subsequent case , where the declaration consisted ...
... issue , he cannot have a writ of inquiry on the demurrer ; because , on the trial of the issue , the same jury will ascertain the damages for that part which is demurred to . " But in a subsequent case , where the declaration consisted ...
Página 741
... issue joined on the breach assigned had been found for the plaintiff , he was entitled not only to recover the penalty , that being the legal debt , but also to take out execution for the same , although it far exceeded the amount of ...
... issue joined on the breach assigned had been found for the plaintiff , he was entitled not only to recover the penalty , that being the legal debt , but also to take out execution for the same , although it far exceeded the amount of ...
Página 742
... issue ; and proceed to assess damages thereon , at the time the issue is tried . This suggestion may be entered at any time before the trial ; though where the issue has been previously made up and de- livered on such plea , it is ...
... issue ; and proceed to assess damages thereon , at the time the issue is tried . This suggestion may be entered at any time before the trial ; though where the issue has been previously made up and de- livered on such plea , it is ...
Página 743
... issue may be joined upon it : as in detinue by the executor of A. , the defendant cannot take by pro- testation that ... issue is found against him , the protestation is of no service ; it being a rule , that a protestation does not ...
... issue may be joined upon it : as in detinue by the executor of A. , the defendant cannot take by pro- testation that ... issue is found against him , the protestation is of no service ; it being a rule , that a protestation does not ...
Página 747
... issue of not guilty , or a special justi- fication . But , in answer to a new assignment at a different place , he cannot say that the places mentioned in the plea and new assign- ment are the same ; k for by new assigning , the ...
... issue of not guilty , or a special justi- fication . But , in answer to a new assignment at a different place , he cannot say that the places mentioned in the plea and new assign- ment are the same ; k for by new assigning , the ...
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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...