A Digest of the Law of Evidence on the Trial of Actions at Nisi PriusSaunders & Benning, 1831 - 705 Seiten |
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Seite 27
... brought by them against the defendant . Maltby v . Christie . 1 Esp . 340. Booth v . Coward , 1 B. and A. 677 ; and see post , " Actions by assignees of bankrupts . " So where the defen- dant , with a view to obtaining a commission ...
... brought by them against the defendant . Maltby v . Christie . 1 Esp . 340. Booth v . Coward , 1 B. and A. 677 ; and see post , " Actions by assignees of bankrupts . " So where the defen- dant , with a view to obtaining a commission ...
Seite 32
... brought . Miller v . Williams , 5 Esp . 19. In an action on a bill of exchange , it admits the handwriting of the parties ; Gut- teridge v . Smith , 2 H. B. 374 ; and the sufficiency of the stamp . Israel v . Benjamin , 3 Campb . 40. In ...
... brought . Miller v . Williams , 5 Esp . 19. In an action on a bill of exchange , it admits the handwriting of the parties ; Gut- teridge v . Smith , 2 H. B. 374 ; and the sufficiency of the stamp . Israel v . Benjamin , 3 Campb . 40. In ...
Seite 39
... brought . Short v . Edwards , 1 Esp . 374 . A mistake in the particulars , not calculated to mislead , is im- material . Thus , where the particular specified a bill for 60 % . bearing date on a certain day , and the evidence was of a ...
... brought . Short v . Edwards , 1 Esp . 374 . A mistake in the particulars , not calculated to mislead , is im- material . Thus , where the particular specified a bill for 60 % . bearing date on a certain day , and the evidence was of a ...
Seite 42
... brought upon such contract by the survivor , without stating the fact of his being survivor , it is a fatal variance ; Jell v . Douglas , 4 B. and A. 374 ; but it is otherwise with regard to the party against whom an action is brought ...
... brought upon such contract by the survivor , without stating the fact of his being survivor , it is a fatal variance ; Jell v . Douglas , 4 B. and A. 374 ; but it is otherwise with regard to the party against whom an action is brought ...
Seite 43
... brought in the names of all the partners ; Garrett v . Handley , 4 B. and C. 664 ; for the action may be maintained either in the name of the person with whom the contract was actually made , or in the name of the parties really ...
... brought in the names of all the partners ; Garrett v . Handley , 4 B. and C. 664 ; for the action may be maintained either in the name of the person with whom the contract was actually made , or in the name of the parties really ...
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Häufige Begriffe und Wortgruppen
acceptor act of bankruptcy action admissible admitted agent agreement assignees Assumpsit attesting attorney bankrupt barratry Bayley bill of exchange Bingh Campb competent witness contract court creditor damages debt declaration deed defendant defendant's delivered demand dence Dougl drawer East ejectment entitled entry examined copy execution executor fact fendant given in evidence handwriting held Ibid indorsed issue Jones judgment jury land lease lessor liable Lord Ellenborough Lord Kenyon Lord Tenterden marriage matter ment Moore non est factum notice to produce Omichund owner paid parish parol evidence party payable payment Peake Phill plaintiff plaintiff must prove plea pleaded possession presumption Price promise promissory note proof Raym receipt received recover rent replevin rule Saund sheriff Smith sold stamp Stark stat statute statute of frauds sufficient Taunt tenant testator tion trespass trial trover variance verdict warrant writ
Beliebte Passagen
Seite 127 - ... or any interest in or concerning them ; or upon any agreement that is not to be performed within the space of one year from the making thereof; unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing...
Seite 244 - That in actions of debt, or upon the case, grounded upon any simple contract, no acknowledgment or promise by words only shall be deemed sufficient evidence of a new or continuing contract...
Seite 193 - ... except the buyer shall accept parv of the goods so sold, and actually receive the same, or give something in earnest to bind the bargain, or in part payment...
Seite 64 - Kent, or the custom of any borough, or any other particular custom, shall be in writing, and signed by the party so devising the same, or by some other person in his presence and by his express directions, and shall be attested and subscribed in the presence of the said devisor by three or four credible witnesses, or else they shall be utterly void and of none effect.
Seite 271 - ... book-keeper, coachman, or other servant, for the purpose of being carried, or of accompanying the person of any passenger as aforesaid, the value and nature of such article or articles or property shall have been declared by the person or persons rending or delivering the same, and such increased charge as herein-after mentioned, or an engagement to pay the same, be accepted by the person receiving such parcel or package.
Seite 194 - ... be actually made, procured, or provided, or fit or ready for delivery, or some act may be requisite for the making or completing thereof, or rendering the same fit for delivery...
Seite 32 - Indictment or information for any misdemeanor, 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 whereon the trial is pending to be forthwith amended in such particular by some officer of the court, on payment of such costs (if any) to the other party as such court or judge shall think reasonable...
Seite 205 - In order to satisfy the statute, there must be a delivery of the goods by the vendor, with an intention of vesting the right of possession in the vendee ; and there must be an actual acceptance by the latter, with an intention of taking to the possession as owner.
Seite 110 - ... or upwards, whether the same shall be only evidence of a contract, or obligatory upon the parties from its being a written instrument ; together with every schedule, receipt, or other matter put or indorsed thereon or annexed thereto, 6d.
Seite 241 - That where there has been mutual Credit given by the Bankrupt and any other Person, or where there are mutual Debts between the Bankrupt and any other Person...