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acceptance action admissible admitted agent agreement alleged allowed amount answer antè appear assignees attorney authority bankrupt bankruptcy bill Bing brought called Camp cause charge claim common competent contained contract copy count court creditor damages debt deed defendant defendant's delivered demand East effect entitled entry evidence examined execution fact give given grant ground held indorsed interest issue judge judgment jury land lease letters liable Lord matter necessary notice officer owner paid parol particular party payment person plaintiff plea pleaded possession Price produce promise proof prove question received record recover refused rent respect rule seems shew signed Smith sold stamp Stark statute sufficient taken Taunt tenant term trespass trial unless variance verdict witness writ writing written
Seite 191 - That no action shall be brought whereby to charge any person upon any agreement made upon consideration of marriage, or upon any contract or sale of lands, tenements, or hereditaments, or any interest in or concerning them, 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,
Seite 447 - ... the right to make such entry or distress, or to bring such action, shall have first accrued to the person making or bringing the same.
Seite 306 - 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.
Seite 447 - ... when the person claiming such land or rent, or some person through whom he claims, shall, in respect of the estate or interest claimed, have been in possession or in receipt of the profits of such land, or in the receipt of such rent...
Seite 69 - ... when any variance shall appear between any matter in writing or in print produced in evidence, and the recital or setting forth thereof upon the record...
Seite 630 - In an action on the case for a nuisance to the occupation of a house, by carrying on an offensive trade, the pica of not guilty will operate as a denial, only that the defendant carried on the alleged trade in such a way as to be a nuisance to the occupation of the house ; and will not operate as a denial of the plaintiff's occupation of the house.
Seite 317 - Acts or this Act, as to One or more of such Joint Contractors, or Executors or Administrators, shall nevertheless be entitled to recover against any other or others of the Defendants, by virtue of a new Acknowledgment or Promise, or otherwise, Judgment may be given and Costs allowed for the Plaintiff as to such Defendant or Defendants against whom he shall recover, and for the other Defendant or Defendants against the Plaintiff.
Seite 359 - I believe quite correctly, that "the rule of law is laid down with perfect correctness in the case of Butterfield v. Forrester, that, although there may have been negligence on the part of the plaintiff, yet unless he might, by the exercise of ordinary care, have avoided the consequences of the defendant's negligence, he is entitled to recover; if by ordinary care he might have avoided them, he is the author of his own wrong.