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Cases in the Court of Common Pleas and Exchequer Chamber [1834-1840].
Vista completa - 1841
action affidavit aforesaid afterwards agreement alleged annuity appears assignment assumpsit attorney bail bank bankrupt bankruptcy Bepton bill of exchange borough cargo charge common consideration contract costs count court covenant creditor damages dant debt declaration mentioned deed defendant defendant's delivered demand demised demurrer discharge Dourado entered entitled evidence execution executors fendant freight grant ground heirs held Henry Fauntleroy Hilary Term indenture indorsed insolvent issue John Druce judge judgment jury land lease letters patent liable Lord Chief Justice Lord Ellenborough Lyme Regis Mary Pickering ment messuages Mostyn nonsuit notice obtained a rule opinion Oporto paid parties payable payment person Pickering plaintiff plea pleaded possession premises purchaser question received recover rent rent-charge replication Serjeant Serjeant Talfourd sheriff shew cause ship statute sufficient tenant testator thereof Thomas Pickering tiff tion trade trial trustees verdict warrant Woolbeding writ
Página 395 - ... 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 bc had thereupon ; and no plaintiff...
Página 323 - Officer as aforesaid, taking any such Bond, shall at the Request and Costs of the Avowant or Person making Conuzance assign such Bond to the Avowant or Person aforesaid, by indorsing the same, and attesting it under his Hand and Seal in the Presence of Two or more credible Witnesses...
Página 492 - 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 396 - ... shall become nonsuit, or discontinue any such action after issue joined, or if, upon demurrer or otherwise, judgment shall be given against the plaintiff, the defendant shall recover his full costs as between attorney and client, and have the like remedy for the same as any defendant has by law in other cases...
Página 576 - 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...
Página 702 - Act empowered to make of freehold land. (2.) The licence may fix the annual value whereon fines, fees, or other customary payments are to be assessed, or the amount of those fines, fees, or payments. (3.) The licence shall be entered on the court rolls of the manor, of which entry a certificate in writing of the steward shall be sufficient evidence.
Página 324 - Kent, or the custom of any borough, or any other particular custom, shall be in writing, and signed by the party so devising the same, or by some other person in his presence, and by his express directions, and shall be attested and subscribed in the presence of the said devisor, by three or four credible witnesses) or else they shall be utterly void and of none effect.
Página 624 - 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.