Reports of Cases Argued and Determined in the Queen's Bench Practice Court: With Points of Practice and Pleading Decided in the Courts of Common Pleas and Exchequer; [1850-51], Band 2Sweet; Maxwell; and Stevens & Norton, 1852 |
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14 Vict act of Parliament affidavit aforesaid Alderson alleged allocatur amount appear application arbitrator assumpsit attorney averment award Bail Court bankrupt bill borough brought Cartworth cause of action certiorari claim clerk commissioners contract Coram Pollock costs County Court Courts of record creditors Cresswell damages debt debtor declaration defendant defendant's delivered demurrer directed discharge distringas Dowl election enacts entered entitled Erle evidence Exchequer execution facts fendant given ground held high bailiff Holmfirth indorsed issue Judge judgment jurisdiction jury justices Lord mandamus matter Maule mayor ment nonsuit objection obtained opinion paid Parke party payment person plaint plaintiff pleaded proceedings proved question Railway recover referred refused REGINA replevin replication respect Rule absolute says sect set-off sheriff shewed cause statute statute of Anne sufficient summons superior Courts taken Term thereof tion verdict Volume 11 warrant writ writ of summons
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Seite 617 - ... otherwise ; and notice in writing of such action, and of the cause thereof, shall be given to the defendant one calendar month at least before the commencement of the action...
Seite 411 - ... be willing to pay the amount of compensation so claimed, and shall enter into a written agreement for that purpose within twenty-one days after the receipt of any such notice from any party so entitled, the same shall be settled by arbitration in the manner herein provided...
Seite 69 - 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 378 - action commenced after the passing of this Act in any of Her ' Majesty's Superior Courts of Record in trespass, trover, or case ' not being an action for malicious prosecution or for libel or for ' slander or for criminal conversation or for seduction, the plaintiff ' shall recover a sum not exceeding £ 5, the plaintiff shall have ' judgment to recover such sum only and NO COSTS...
Seite 443 - If the precise words used are plain and unambiguous, in our judgment we are bound to construe them in their ordinary sense, even though it do lead, in our view of the case, to an absurdity or manifest injustice.
Seite 9 - A rule having been obtained calling on the plaintiff to shew cause why the verdict should not be set aside, and a new trial had...
Seite 641 - Viet. c. 109, s. 18, it is enacted, "that all contracts or agreements, whether by parol or in writing, by way of gaming or wagering, shall be null and void, and that no suit shall be brought or maintained in any Court of law or equity, for recovering any sum of money or valuable thing, alleged to be won, upon any wager, or which shall have been deposited in the hands of any person to abide the event on which any wager shall have been made.
Seite 550 - Action may plead the General Issue and give the special Matter in Evidence...
Seite 220 - ... 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. In an action on the case for obstructing a right of way such plea will operate as a denial of the obstruction only, and not of the plaintiff's right of way...
Seite 257 - if the plaintiff shall make it appear to the satisfaction of the Court • in which such action was brought...