The English Reports, Band 4;Band 134 |
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Seite 87
Verification ; and prayer of judgment if the defendants ought , contrary to their
said acceptance of the said bill in the said first count mentioned , and to their
acknowledgment thereby , to be admitted to say that the said D. and W. did not
make ...
Verification ; and prayer of judgment if the defendants ought , contrary to their
said acceptance of the said bill in the said first count mentioned , and to their
acknowledgment thereby , to be admitted to say that the said D. and W. did not
make ...
Seite 89
... whereupon the defendant rejoined , by way of estoppel , that the plaintiff had
given a receipt for the money , and prayed judgment — if the plaintiff , against his
own acknowledgment , ought to be admitted to deny payment of the money .
... whereupon the defendant rejoined , by way of estoppel , that the plaintiff had
given a receipt for the money , and prayed judgment — if the plaintiff , against his
own acknowledgment , ought to be admitted to deny payment of the money .
Seite 90
it may be admitted that matter of estoppel by record or by deed , is not conclusive
unless pleaded ; but it is not so with matters in pais . It is laid down in Chitty on
Pleading ( vol . i . p . 603 ) that “ where the demise is not by deed , there can be
no ...
it may be admitted that matter of estoppel by record or by deed , is not conclusive
unless pleaded ; but it is not so with matters in pais . It is laid down in Chitty on
Pleading ( vol . i . p . 603 ) that “ where the demise is not by deed , there can be
no ...
Seite 92
It is difficult to say that at the trial the judge might have admitted evidence to prove
that the drawing of the bills had been authenticated by the defendant ' s
acceptance ; but that the fact could not be pleaded . But then , it is contended ,
that if the ...
It is difficult to say that at the trial the judge might have admitted evidence to prove
that the drawing of the bills had been authenticated by the defendant ' s
acceptance ; but that the fact could not be pleaded . But then , it is contended ,
that if the ...
Seite 116
Unless it amounts to an admission that more is due , it cannot operate as an
admission of any still existing debt . ” And his lordship expressed a similar
opinion in giving the judgment of the court in Waters v . Tompkins ( Tyrwh .
Unless it amounts to an admission that more is due , it cannot operate as an
admission of any still existing debt . ” And his lordship expressed a similar
opinion in giving the judgment of the court in Waters v . Tompkins ( Tyrwh .
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acceptance according action admitted aforesaid afterwards agent agreed agreement alleged allowed amount appears apply appointed assigns attorney authority behalf bill brought called cause charge claim common consideration considered contained contract corporation costs count court damages debt defendant delivered directed discharged effect entered entitled evidence execution fact further give given granted ground held interest invention issue John Inman judgment jury land London Lord manner matter means mentioned necessary notice objection obtained occupied opinion owner paid party patent payment person plaintiff plea pleaded possession premises present principal proceedings proved question reason received record recover referred refused rent respect rule Serjt shew ship signed statute sufficient taken tenant term thereof third Tindal C. J. trial verdict vessel whole writ
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Seite 282 - ... ordained, or provided, or any other thing, cause, or matter, whatsoever, in any wise notwithstanding. In witness whereof, we have caused these our letters to be made patent. Witness ourself at Westminster, the 23d day of May, in the seventh year of our reign of England, France, and Ireland, and of Scotland the * * * * Per ipsum Regem.
Seite 118 - Provided always, that nothing herein contained shall alter or take away or lessen the Effect of any Payment of any Principal or Interest made by any Person whatsoever...
Seite 158 - God for the same, Do make and publish this my last will and testament, in manner and form...
Seite 256 - That in all cases in which any particular number of days, not expressed to be clear days, is prescribed by the rules or practice of the Courts, the same shall be reckoned exclusively of the first day and inclusively of the last day...
Seite 260 - Court of common law, nor any order in bankruptcy or lunacy, shall by virtue of this act affect any lands, tenements or hereditaments, as to purchasers, mortgagees or creditors, unless and until a memorandum or minute, containing the name and the usual or last known place of abode...
Seite 119 - Enactments or either of them, or to deprive any Party of the Benefit thereof, unless such Acknowledgment or Promise shall be made or contained by or in some Writing to be signed by the Party chargeable thereby...
Seite 136 - ... held by any other person subject to his control or for him or on his behalf...
Seite 113 - Servants, all Actions of Debt grounded upon any Lending or Contract without Specialty...
Seite 489 - Pounds, shall, if duly registered according to the Provisions herein-after contained, be entitled to vote in the Election of a Member or Members to serve in any future Parliament for such City or Borough...
Seite 489 - Provided always, that no such person shall be so registered in any year unless he shall have occupied such premises as aforesaid for twelve calendar months next previous to the last day of July in such year...