An Abridgment of the Law of Nisi Prius...W.T. Clarke, 1817 - 1313 páginas |
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Página 714
... averred on the record . An ancient writing found among the court rolls of a manor , stated to be ex assensu omnium tenentium , and proved to have been delivered down from steward to steward , is admissible evidence , although not signed ...
... averred on the record . An ancient writing found among the court rolls of a manor , stated to be ex assensu omnium tenentium , and proved to have been delivered down from steward to steward , is admissible evidence , although not signed ...
Página 733
... averred in the declaration . < By stat . 38 Geo . 3. c . 87. s . 1. " If at the expiration of twelve calendar months after the death of the testator , the " executor , to whom probate has been granted , is residing out of the ...
... averred in the declaration . < By stat . 38 Geo . 3. c . 87. s . 1. " If at the expiration of twelve calendar months after the death of the testator , the " executor , to whom probate has been granted , is residing out of the ...
Página 734
... averring that the suit is still depending ; and such administrator may be sued , inasmuch as he is , for the time , complete administrator * ( 14 ) . See the form in the second section . r See the form in third section . s Taynton v ...
... averring that the suit is still depending ; and such administrator may be sued , inasmuch as he is , for the time , complete administrator * ( 14 ) . See the form in the second section . r See the form in third section . s Taynton v ...
Página 750
... averred in the declaration ; for the law will not , from the mere circumstance of an executor's being possessed of assets , imply a promise by him to pay such legacy . But an action may be maintained by the legateed of a specific ...
... averred in the declaration ; for the law will not , from the mere circumstance of an executor's being possessed of assets , imply a promise by him to pay such legacy . But an action may be maintained by the legateed of a specific ...
Página 753
... averred that the bond was entered into for a true and just debt ; for it shall be intended that it was . And the same intendment shall be made , where an executor or administrator pleads a bond debt due to himself and retainers . The ...
... averred that the bond was entered into for a true and just debt ; for it shall be intended that it was . And the same intendment shall be made , where an executor or administrator pleads a bond debt due to himself and retainers . The ...
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Términos y frases comunes
action administrator afterwards agreement appeared assumpsit assured averred barratry bill bottomry brought Burr Camp cargo Carth charter common law consequently contract convoy corporation court court of equity Cowp damages debt declaration defendant delivered demise devisor Doug East ejectment election entry evidence execution executor false imprisonment fraud freight grant Hence holden interest intestate judgment jury Kenyon land lease lessor liable libel London Lord Ellenborough Lord Kenyon Lord Mansfield mandamus manor master mayor ment necessary notice to quit opinion ouster owner party person plaintiff plea plead policy of insurance port possession premium promise prosecution proved quo warranto Raym rent replevin rule sailed Salk servant sheriff shew ship stat statute statute of frauds sufficient Taunt tenant term testator tion total loss trespass underwriter verdict vessel voyage warrant witness writ
Pasajes populares
Página 782 - June no action shall be brought whereby to charge any executor or administrator upon any special promise, to answer damages out of his own estate...
Página 782 - ... unless the agreement, upon which such action shall be brought or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith, or some other person thereunto by him lawfully authorized.
Página 874 - NB - Corn, fish, salt. fruit, flour, and seed are warranted free from average, unless general. or the ship be stranded - sugar, tobacco, hemp, flax, hides and skins are warranted free from average, under five pounds per cent., and all other goods, also the ship and freight, are warranted free from average, under three pounds per cent. unless general, or the ship be stranded.
Página 819 - ... no devise in writing of lands, tenements or hereditaments, or any clause thereof, shall be revocable, otherwise than by some other will or codicil in writing, or other writing declaring the same, or by burning, cancelling, tearing or obliterating the same by the testator himself, or in his presence, and by his directions and consent...
Página 799 - June, one thousand six hundred and seventy-seven, no contract for the sale of any goods, wares, and merchandises, for the price of ten pounds sterling or upwards, shall be allowed to be good, except the buyer shall accept part of the goods so sold, and actually receive the same, or give something in earnest to bind the bargain, or in part of payment, or that some note or memorandum in writing of the said bargain be made and signed by the parties to be charged by such contract, or their agents thereunto...
Página 852 - ... 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...
Página 880 - ... as by the known usage of trade or the like, acquired a peculiar sense distinct from the popular sense of the same words; or unless the context evidently points out that they must, in the particular instance and in order to effectuate the immediate intention of the parties to that contract, be understood in some other special and peculiar sense.
Página 778 - Except nevertheless all leases not exceeding the term of three years from the making thereof, whereupon the rent reserved to the landlord, during such term, shall amount unto two third parts at the least of the full improved value of the thing demised.
Página 948 - ... dangers, he may be said to be interested in the safety of the thing. To be interested in the preservation of a thing is to be so circumstanced with respect to it as to have benefit from its existence, prejudice from its destruction.
Página 982 - ENACTED, that, On every Such trial, the jury sworn to try the issue may give a general verdict of guilty or not guilty upon the whole matter put in issue...