An Abridgment of the Law of Nisi Prius...J. And W.T. Clarke, 1831 - 1435 Seiten |
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Seite vii
... Assumpsit . I. Of the Action of Assumpsit , and of the Agreement , for the Non - performance of which this Action may maintained .... 4 5 ་ 7 8 13 15 03 425 27 29 31 39 40 be 45 Page IV . Of the Pleadings given in Evidence under.
... Assumpsit . I. Of the Action of Assumpsit , and of the Agreement , for the Non - performance of which this Action may maintained .... 4 5 ་ 7 8 13 15 03 425 27 29 31 39 40 be 45 Page IV . Of the Pleadings given in Evidence under.
Seite 18
... assumpsit ; but for the ba lance of an account assumpsit lies , though the items on each side are numerous . Tomkins v . Willshear , 5 Taunt . 431 . See also Arnold v . Webb , 5 Taunt . 432. n . At the common law ' , executors in ...
... assumpsit ; but for the ba lance of an account assumpsit lies , though the items on each side are numerous . Tomkins v . Willshear , 5 Taunt . 431 . See also Arnold v . Webb , 5 Taunt . 432. n . At the common law ' , executors in ...
Seite 43
... assumpsit , and by Kenyon , C. J. in Dand v . Sexton , 3 T. R. 37. in an action of trespass vi et armis for beating a dog , although it was urged that the statute applied to those actions only which could be brought in the county court ...
... assumpsit , and by Kenyon , C. J. in Dand v . Sexton , 3 T. R. 37. in an action of trespass vi et armis for beating a dog , although it was urged that the statute applied to those actions only which could be brought in the county court ...
Seite 44
... 400. And the same doctrine was laid down where the stat . gave full costs ; as in an action on stat . 11 Geo . 2. c . 19. s . 19. Irwine v . Reddish , 5. B. and A. 796 . CHAP . IV . OF THE ACTION OF ASSUMPSIT . 44 ASSAULT AND BATTERY .
... 400. And the same doctrine was laid down where the stat . gave full costs ; as in an action on stat . 11 Geo . 2. c . 19. s . 19. Irwine v . Reddish , 5. B. and A. 796 . CHAP . IV . OF THE ACTION OF ASSUMPSIT . 44 ASSAULT AND BATTERY .
Seite 45
William Selwyn. CHAP . IV . OF THE ACTION OF ASSUMPSIT . I. Of the Action of Assumpsit , and of the Agreement for the Non - performance of which this Action may be maintained . II . Of the general Indebitatus Assumpsit . III . Of the ...
William Selwyn. CHAP . IV . OF THE ACTION OF ASSUMPSIT . I. Of the Action of Assumpsit , and of the Agreement for the Non - performance of which this Action may be maintained . II . Of the general Indebitatus Assumpsit . III . Of the ...
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Häufige Begriffe und Wortgruppen
acceptance acceptor act of bankruptcy action brought action for money afterwards agreement appear assault assignment assumpsit attorney averred bankrupt bill of exchange Bingh bond breach Buller Burr Campb carrier cause of action commission common consideration contract court covenant creditor damages debt declaration deed defendant pleaded defendant's delivered demand demurrer discharge Doug drawer East East's Eliz entitled evidence executor feme covert fendant given holden husband indebitatus assumpsit indorser infant Jones judgment jury latitat lease lessee lessor liable London Lord Ellenborough Lord Kenyon Lord Mansfield Lord Raym marriage necessary non est factum notice opinion paid party payable payee payment person plaintiff plea promise to pay promissory note proved received recover rent rule Salk shew Smith stat statute statute of limitations sued sufficient Taunt tender testator tion trade trespass verdict void wife Wils writ
Beliebte Passagen
Seite 177 - ... 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, and signed by the party to be charged therewith...
Seite 209 - That if any bankrupt, at the time he becomes bankrupt, shall, by the consent and permission of the true owner thereof, have in his possession, order, or disposition, any goods or chattels whereof he was reputed owner...
Seite 515 - The distinction is very clear, where mutual covenants go to the whole of the consideration on both sides, they are mutual conditions, the one precedent to the other. But where they go only to a part, where a breach may be paid for in damages, there the defendant has a remedy on his covenant, and shall not plead it as a condition precedent.
Seite 131 - That no Action shall be maintained whereby to charge any Person upon any Promise made after full Age to pay any Debt contracted during Infancy, or upon any Ratification after full Age of any Promise or Simple Contract made during Infancy, 'unless such Promise or Ratification shall be made by some Writing signed by the Party to be charged therewith.
Seite 119 - After non-assumpsit pleaded, and a verdict for the plaintiff, it was moved in arrest of judgment that the plaintiff could not bring his action, for he was a stranger to the consideration.
Seite 146 - 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 306 - ... for the payment of any sum of money out of any particular fund which may or may not be available, or upon any condition or contingency which may or may not be performed or happen...
Seite 139 - ... and this he is ready to verify; wherefore he prays judgment if the plaintiff ought further to maintain his action.
Seite 558 - That every contract made for or about any matter or thing which is prohibited and made unlawful by any statute is a void contract, though the statute itself doth not mention that it shall be so, but only inflicts a penalty on the offender, because a penalty implies a prohibition, though there are no prohibitory words in the statute...
Seite 574 - that where there are mutual debts between the plaintiff and defendant, or if either party sue or be sued as executor or administrator, where there are mutual debts between the testator or intestate and either party, one debt may be set against the other...