Forms of Practice; Or, American Precedents in Personal and Real Actions, Interspersed with Annotations

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Masters, Smith & Company, 1851 - 664 páginas

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Against bailiff for goods to merchandise with
101
GENERAL ASSUMPSIT
124
The money counts joined
127
1 For work by servants with carts c
136
For labor done and materials found
142
For carrying a passenger
148
On a contract of sale of timber c
154
For not delivering barley to the plaintiff earnest being paid
160
For not delivering hops before a certain time earnest being giv
166
For not delivering two cows earnest being given and residue
172
By administrator for not paying a sum of money agreeably
179
Master on a bill of lading
185
Administrator of legatee v Devisee for a legacy
188
Ox PROMISSORY NOTES
195
On a note indorsed for residue after payment of part
201
Acceptor on an order accepted
204
Averment to excuse want of presentment for acceptance
210
Acceptor on a foreign bill
218
For an average loss by perils of the seas special statement
224
By capture of enemies
228
FOR GENERAL AVERAGE
234
For not indemnifying a surety in a bond given for a sum
240
For not returning a note delivered into the hands of defend
247
For suffering skins to be negligently destroyed by fire 5 counts
249
For not accepting hops and paying for the same to be deliv
255
For not taking away beans sold to be delivered on request
261
Against a water carrier for negligently carrying goods where
267
For not rendering an account of goods delivered to be sold
269
On memorandum in writing of an agreement to transport goods
282
Against a sailor for leaving a ship after advance money paid
295
Against the inhabitants of a town on their committees contract
297
Against assignee of a term by assignor for not repairing accord
303
For letting a horse to hire to the plaintiff not capable of per
309
Against executor on a promise of testator to make a mortgage
315
For freight
321
Against an innholder for suffering plaintiffs horse to stray
327
For deceit in warranty the whole consideration being paid
333
For supplies furnished to a pauper in assumpsit or in debt
343
DECLARATIONS FOR MISFEASANCE NONFEASANCE NEGLIGENCE
356
For immoderately driving a horse
362
For shooting plaintiffs dog
364
For falsely affirming a note to be made by R of B and assigning
420
Against sheriff for default of his deputy in the service and
426
Against a sheriff for a false return of execution and neglect
433
for neglect of deputy to take a debtor in execution
439
Against sheriff for his deputys releasing goods attached
445
For malicious prosecution on a charge of theft
451
For crim con with plaintiffs wife
457
For a sloop and her cargo according to a schedule annexed
467
By administrators for property belonging to the deceased
470
Against executor on a breach of covenants in a deed made
476
On a covenant of warranty of title in a bargain and sale
482
Not cleansing ditches c
489
Assignee of lessee for years for not paying rent
493
On a note under seal
499
On an award where the submission was by bonds
505
Against surviving obligors in a probate bond in the name of
511
Against executors by administrator of legatee to recover
517
Another
523
For occupying a building as a livery stable in a part of the town
530
Qui tam for a penalty for gaming in an action of debt
532
DETINUE
538
Notes
551
Assault and battery aggravation breaking plaintiffs ribs
557
For crim con with plaintiffs wife See Case 457 See also
560
Same on land in right of wife by baron and feme
566
TRESPASS TO PERSONAL PROPERTY
572
For chasing sheep with dogs c
574
For nailing boards before the plaintiffs windows
581
On the seizin of an ancestor
587
Another count in formedon in descender
593
Count in formedon in reverter
598
Notes
607
Ad communem legem
613
By proprietors upon their own seizin
619
For lands disseized Feoffce v Disseizor
622
Notes
628
Count in Dower unde nihil habet under the statute
636
Libel for divorce for adultery
643
BILLS IN EQUITY
649
SCIRE FACIAS
655
By guardian of a person non compos mentis
661

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Página 525 - And the said records and judicial proceedings, authenticated as aforesaid, shall have such faith and credit given to them in every court within the United States as they have by law or usage in the courts of the State from whence the said records are or shall be taken.
Página 485 - ... thence next ensuing : and fully to be complete and ended...
Página 125 - The declaration also contains a count for money paid by the plaintiff for the use of the defendant, and a count for money had and received by the defendant to the use of the plaintiff.
Página 458 - March one thousand eight hundred and thirty-one, the full and exclusive right and liberty of making, constructing, using and vending to others to be used...
Página 525 - that the judgment of a state court should have the same credit, validity, and effect in every other court in the United States, which it had in the State where it was pronounced, and that whatever pleas would be good to a suit thereon in such State, and none others, could be pleaded in any other court of the United States.
Página 230 - ... until the same be there discharged and safely landed. And it shall be lawful for the said ship, &c, in this voyage, to proceed and sail to and touch and stay at any ports or places whatsoever without prejudice to this insurance.
Página 470 - ... aforesaid, casually lost the said * * * goods and chattels, out of his possession ; and the same afterwards, to wit, on the day and year first aforesaid, at, &c.
Página 114 - ... assumpsit for money had and received by the defendant to the plaintiff's use...
Página 203 - October last being indebted to the plaintiff in the sum of twenty one pounds eighteen shillings lawful money according to the account annexed in consideration thereof then and there promised the plaintiff to pay him...
Página 225 - Be it known that as well in own name as for and in the name and names of all and every other person or persons to whom the same doth, may, or shall appertain, in part or in all...

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