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" ... in an action on the case, for the use and occupation of what was so held or enjoyed ; and if in evidence on the trial of such action any parol demise or any agreement (not being by deed) whereon a certain rent was reserved shall appear, the plaintiff... "
A Compendium and Digest of the Laws of Massachusetts - Seite 155
von Massachusetts, William Charles White - 1809
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Precedents in Pleading: With Copious Notes on Pleading, Practice ..., Bände 1-2

Joseph Chitty - 1847 - 1002 Seiten
...any agreement (not being by deed), whereon a certain rent is reserved, shall appear, the plaintiff shall not therefore be nonsuited, but may make use thereof as an evidence of the quunium of the damages to be recovered ;" see per Holroyd, J., 5 B. Sc C. 333 Either assumpsit or debt...
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The Law of Magistrates and Constables in the State of South-Carolina ...

Benjamin Chaplin Pressley - 1848 - 552 Seiten
...satisfaction in an action on the case, for the use and occupation of the lands. And if on the trial, any parol demise, or any agreement (not being by deed)...whereon a certain rent was reserved, shall appear, the plaintiffshall not therefore be nonsuited, but may make use thereof as an evidence of the quantum of...
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A Treatise on the Law of Contracts and Rights and Liabilities Ex ..., Bände 1-2

Charles Greenstreet Addison - 1849 - 686 Seiten
...trial of such action any parol demise, or any agreement (not behijt by deed) whereon a certain rent is reserved shall appear, the plaintiff in such action...therefore, be non-suited, but may make use thereof (i) 52 Hen. 3, c. 4. Welli v. Moody. 7 C. & 620. P. 59. Holland v. Bird, 3 M. & Sc. 363 ; 10 (m) Per...
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A Treatise on Pleading and Parties to Actions: With Second and Third ..., Band 1

Joseph Chitty - 1851 - 900 Seiten
...certain rent is reserved, shall appear, the plainiiff shall not be nonsuited, but may use the same as an evidence of the quantum of the damages to be recovered (2). The object of the statute was the removal of the difficulties experienced by landlords in declaring...
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The Exchequer Reports: Reports of Cases Argued and Determined in the ..., Band 7

Great Britain. Court of Exchequer, William Newland Welsby, Edwin Tyrrell Hurlstone, John Gordon - 1853 - 1006 Seiten
...here predicated as being "held or enjoyed." The section proceeds "and if, in evidence on the trial of such action, any parol demise or any agreement (not...make use thereof as an evidence of the quantum of damages to be recovered." So that the evil to be remedied was the plaintiff's being nonsuited in an...
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The Law Students' Magazine, Band 6

1854 - 372 Seiten
...occupation, of what was so held or enjoyed ; and if, in evidence on the trial of such action, any parole demise, or any agreement (not being by deed), whereon...evidence of the quantum of the damages to be recovered." It was contended that the words " held or occupied" were sufficient to establish a liability on the...
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The Practice in Courts of Justice in England and the United States, Band 2

Conway Robinson - 1855 - 884 Seiten
...deed) a reasonable satisfaction for the use and occupation of lands ; on the trial of which action, if any parol demise, or any agreement (not being by deed)...whereon a certain rent was reserved, shall appear in evidence, the plaintiff shall not therefore be nousuited, but may use the same as evidence of the...
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Practical Treatise on the Law of Landlord and Tenant: With a Full Collection ...

William Woodfall, Samuel Bealey Harrison, Henry Horn - 1856 - 1138 Seiten
...case, for the use and occupation of what was so held or enjoyed; and if in evidence on the trial of such action, any parol demise, or any agreement (not...evidence of the quantum of the damages to be recovered." In all cases, therefore, in which the demise is not by deed, whether a certain rent be reserved or...
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Selwyn's Abridgement of the Law of Nisi Prius, Band 2

William Selwyn - 1861 - 874 Seiten
...case, for the use and occupation of what was so held or enjoyed ; and if, in evidence on the trial of such action, any parol demise, or any agreement (not...evidence of the quantum of the damages to be recovered." Under this statute, a landlord who has rent owing to him is allowed to recover, not the rent, but an...
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A Treatise on the Law of Real Estate: And of the Mode of Alienation Thereof ...

John Willard - 1861 - 718 Seiten
...agreement, not being by deed, shall be proved, " by which a certain rent was reserved, it may be used as an evidence of the quantum of the damages to be recovered." (Comyn's Land, d; Ten. 435.) The statute of New York on the same subject varies, in some respects,...
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