Reports of Cases Argued and Determined in the Queen's Bench Practice Court: With the Points of Pleading and Practice Decided in the Courts of Common Pleas and Exchequer; from Easter Term, 1843 to [Michaelmas Term, 1849], Teil 145,Band 7S. Sweet, 1851 |
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Reports of Cases Argued and Determined in the Queen's Bench Practice ..., Band 4 Great Britain Court of Exchequer Keine Leseprobe verfügbar - 2015 |
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9 Vict act of Parliament affidavit aforesaid afterwards Alderson allegation allocatur amend amount appear application arrears arrest assumpsit attorney averment award bail bill of costs breach brought calls cause of action certiorari claim clerk commencement County Court creditor Cresswell damages debt deed defendant defendant's delivered demurrer discharged distringas Dowl entered entitled execution executor facias fendant given held Hilary Term indorsement ISSUABLE issue Judge's order judgment jurisdiction jury liable London Lord Denman Maule ment nonsuit notice of trial obtained a rule opinion outlawry paid party payment person plaintiff plea present proceedings promise recovered referred refused rent-charge replevin replication respect Rolfe Rule absolute rule nisi scire facias set-off sheriff shewed cause shewn solicitor special demurrer statute sued sufficient suit summons superior Courts Term thereof tion trespass undersheriff verdict vult William Townley writ of summons writ of trial
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Seite 43 - Court ; and thereupon the owner of the rentcharge may sue out a writ of habere facias possessionem, directed to the sheriff, commanding him to cause the owner of the rent-charge to have possession of the lands chargeable therewith, until the arrears of rent-charge found to be due, and the said costs and also the costs of such writ and of executing the same, and of cultivating and keeping possession of the lands, shall be fully satisfied : provided always, that not more than two years...
Seite 190 - That if any Action shall be commenced after the passing of this Act in any of Her Majesty's Superior Courts of Record, for any Cause other than those lastly hereinbefore specified, for which a Plaint might have been entered in any Court holden under this Act...
Seite 145 - 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...
Seite 309 - ... and returning the jury, and of taking the inquiry and recording the verdict and judgment thereon, in case such verdict shall be taken, shall be defrayed by the owner of the lands, and the other half by the promoters of the undertaking, and each party shall bear his own costs, other than as aforesaid, incident to such inquiry.
Seite 280 - That it shall not be lawful for any Plaintiff to divide any Cause of Action for the Purpose of bringing Two or more Suits...
Seite 70 - Amount, if any ; and every Shareholder shall be liable to pay the Amount of the Calls so made, in respect of the Shares held by him, to the Persons and at the Times and Places from Time to Time appointed by the Company.
Seite 66 - Act, or in respect of the proceeds or value thereof, by any landlord for rent, or by any person not being the party against whom such process has issued, it shall be lawful for the clerk of the court...
Seite 216 - The maxim, qui facit per alium facit per se, renders the master liable for all the negligent acts of the servant in the course of his employment ; but that liability does not make the direct act of the servant the direct act of the master. Trespass will not lie against him ; case will, in effect, for employing a careless servant, but not trespass, unless, as was said by the Court in Morley v. Gaisford (b), the act was done by his command...
Seite 43 - ... arrears shall at any time be recoverable by distress. 48. And be it enacted, That in case the said rent-charge shall be in arrear and unpaid for the space of forty days next after any half-yearly day of payment, and there shall be no sufficient distress on the premises liable to the payment thereof, it shall be lawful for any judge of...
Seite 285 - ... that every discharge so adjudicated as aforesaid, as to any debt or damages of any creditor of such prisoner, shall be deemed to extend also to all costs incurred by such creditor before the filing of such prisoner's schedule, in any action or suit brought...