Reports of Cases Argued and Determined in the King's Bench Practice Court: With the Points of Practice Decided in the Courts of Common Pleas and Exchequer, from Mich. Term, 1830 to [Michaelmas Term, 1841] ...S. Sweet, 1837 |
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Често срещани думи и фрази
admitted affidavit aforesaid ALDERSON alleged allocatur amount appeared application arbitrator arrested assumpsit attorney award bail bail-bond bill of exchange capias cause of action cited claim COLERIDGE contended costs count Court of Exchequer custody damages dant debt declaration defendant's delivered demurrer deponent distringas entered entitled execution fendant given granted ground held Hilary Term Humfrey indorsed Interpleader irregularity issue Judge Judge's order jurisdiction jury King's Bench LITTLEDALE Lord ABINGER matter ment motion moved nolle prosequi nonsuit notice of trial objection obtained a rule opinion paid PARKE party payment person plaintiff plea present rule proceedings prothonotary pursuant question R. V. Richards referred Rule absolute Rule accordingly Rule discharged rule of Court Rule refused rule to shew Serjt set-off sheriff shewed cause shewn sign judgment statute sued sufficient taken tenant tiff TINDAL tion trespass under-sheriff verdict writ of summons
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Страница 46 - In every species of assumpsit, all matters in confession and avoidance, including not only those by way of discharge, but those which show the transaction to be either void or voidable in point of law, on the ground of fraud or otherwise, shall be specially pleaded ; ex.
Страница 669 - That any Arbitration or Umpirage procured by Corruption, or undue means, shall be judged and esteemed void and of none effect, and accordingly be set aside by any Court of Law or Equity, so as Complaint of such Corruption or undue Practice be made in the Court where the Rule is made for Submission to such Arbitration or Umpirage, before the last Day of the next Term after such Arbitration or Umpirage made and published to the Parties ; any thing in this Act contained to the contrary notwithstanding.
Страница 52 - ... and if the other party shall intend to rely on any proviso, exception, incapacity, disability, contract, agreement, or other matter hereinbefore mentioned, or on any cause or matter of fact or of law not inconsistent with the simple fact of enjoyment, the same shall be specially alleged and set forth in answer to the allegation of the party claiming, and shall not be received in evidence on any general traverse or denial of such allegation.
Страница 492 - December, 1833, no arrears of rent or of interest in respect of any sum of money charged upon or payable out of any land or rent, or in respect of any legacy, or any damages in respect of such arrears of rent or interest, shall be recovered by any distress, action or suit but within six years next after the same respectively shall have become due...
Страница 425 - In actions on the case, the plea of not guilty shall operate as a denial only of the breach of duty or wrongful act alleged to have been committed by the defendant, and not of the facts stated in the inducement...
Страница 457 - Action shall have arisen, and not elsewhere ; and the Defendant or Defendants in such Action or Suit shall and may plead the General Issue, and give this Act and the special Matter in Evidence at any Trial to be had thereupon, and that the same was done in pursuance and by the Authority of this Act...
Страница 32 - ... the court by which such rule or order shall be made, or which shall be mentioned in such submission, or by leave of a judge; and the arbitrator or umpire shall and may and is hereby required to proceed with the reference notwithstanding any such revocation, and to make such award, although the person making such revocation shall not afterwards attend the reference ; and that the court, or any judge thereof, may from time to time enlarge the term for any such arbitrator making his award.
Страница 691 - ... and in any such action the defendant may plead the general issue, and give this Act and the special matter in evidence at any trial to be had thereupon...
Страница 105 - that where there are mutual debts between the plaintiff and defendant, or if either party sue or be sued as executor or administrator, where there are mutual debts between the testator or intestate and either party, one debt may be set against the other ; and such matter may be given in evidence upon the general issue, or pleaded in bar, as the nature of the case shall require...
Страница 528 - All judgments, whether interlocutory or final, shall be entered of record of the day of the month and year, whether in term or vacation, when signed, and shall not have relation to any other day...