The Declaration on Bills of Exchange, Promissory Notes, &c. Illustrated and Explained: Also the Judicial Forms of Trinity 1 W. IV, and Some Others, with References to the Text Annexed to Each Allegation

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Saunders & Benning, 1842 - 116 Seiten
 

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Seite 8 - ... for perjury, and otherwise, as if no such variance had appeared; and in case such trial shall be had at nisi prius...
Seite 98 - And in £. , for money then and there received by the defendant for the use of the plaintiff: And in £. , for money found to be due from the defendant to the plaintiff, on an account then and there stated between them.
Seite 6 - That it shall be lawful for any court of record holding plea in civil actions, and any judge sitting at Nisi Prius...
Seite 77 - Plaintiff shall not be entitled to a plea as of this term, being for any of the demands mentioned in the Schedule of Forms and Directions annexed to this Order or demands of a like nature, shall exceed in length such of the said Forms set forth or directed in the said Schedule, as may be applicable to the case, or if any Declaration in debt to be so filed or delivered, for similar causes of action, and for which the Action of Assumpsit would lie, shall exceed such length, no costs of the excess shall...
Seite 7 - ... court shall think reasonable ; and after any such amendment the trial shall proceed, whenever the same shall be proceeded with, in the same manner in all respects, and with the same consequences, both with respect to the liability of witnesses to be indicted for perjury and otherwise, as if no such variance had occurred...
Seite 53 - IV. c. 78, it was a subject of considerable doubt in the courts of law whether, in the case of a bill drawn generally, but accepted payable specially at a particular place, an action could be maintained against the acceptor, without averring in the declaration and proving at the trial a presentment for payment at the place where the drawee had by his acceptance made the bill payable. Upon that point, the Court of Common Pleas had held a presentment of the bill at the place named in the acceptance...
Seite 5 - No plea in abatement for a misnomer shall be allowed in any personal action, but that in all cases in which a misnomer would but for this act have been by law pleadable in abatement in such actions, the defendant shall be at liberty to cause the declaration to be amended, at the costs of the plaintiff, by inserting the right name upon a judge's summons, founded on an affidavit of the right name; and in case such summons shall be discharged, the costs of such application shall be paid by the party...
Seite 98 - And in £ for the price and value of work then and there done, and materials for the same provided, by the Plaintiff for the Defendant at his request. And in £ for money then and there lent by the Plaintiff to the Defendant at his request.
Seite 7 - ... in any particular or particulars in the judgment of such court or judge not material to the merits of the case, and by which the opposite party cannot have been prejudiced in the conduct of his action, prosecution, or defence, to be forthwith amended...
Seite 7 - ... which it may become necessary to amend, on such terms as to postponing the trial to be had before the same or another jury, as such court shall think reasonable...

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