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Reports of Cases Argued and Determined in the Court of King's Bench ..., Volym 5
Sandford Nevile,William Montagu Manning (Sir.),Sir William Montagu Manning
Obegränsad förhandsgranskning - 1834
Reports of Cases Argued and Determined in the Court of King's Bench ..., Volym 2
Sandford Nevile,William Montagu Manning (Sir.)
Obegränsad förhandsgranskning - 1834
act of parliament action aforesaid agreement Alkington appears apply assumpsit attestation attornment authority Barn bill Blyford child churchwardens clause Coleridge common recovery contract conviction costs Court covenant Cressw damages debt declaration deed defendant demurrer discharged Dowl entitled estate tail evidence execution fact father given granted ground heirs held hereditaments HILARY TERM indenture indorsed intended issue judgment jurisdiction jury justices lands lease lessor liable limitations Littledale Lord Denman mandamus manor matter ment messuage nonsuit notice objection occupied opinion overseers paid parish party Patteson pauper payment person plaintiff plaintiff in error plea pleaded possession premises present promissory note proviso quashed question refused remainder rent repair replevin respect road rule sessions shewed cause shewn statute statute of Anne sufficient taken tenant tender term testator tion tithes trespass trial trustees verdict vested warrant witness words writ
Sidan 435 - 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, whereby to take any Case out of the Operation of the...
Sidan 715 - Thirdly, it may happen by the misconduct of the suffering party only; and then the rule is, that the sufferer must bear his own burden. Lastly, it may have been the fault of the ship which ran the other down; and, in this case, the injured party would be entitled to an entire compensation from the other.
Sidan 322 - And the said doth hereby, for himself, his executors and administrators, covenant, promise and agree to and with the said...
Sidan 276 - 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.
Sidan 791 - be also given in like manner ; unless the judge who tried the said " issue, shall certify that the said defendant or tenant, or plaintiff in " replevin, had a probable cause to plead such matter, which upon " the said issue shall be found against him.
Sidan 258 - I do revoke all former wills by me at any time heretofore made, and do declare this only to be my last will and testament. In witness whereof, I have to this my last will...
Sidan 730 - ... or whether such father be within the age of twenty-one years or of full age, by his deed executed in his lifetime or by his last will...
Sidan 229 - ... years, but nevertheless, such claim may be defeated in any other way by which the same is now liable to be defeated; and...
Sidan 801 - Demurrer joined, be judged insufficient. Costs shall be given at the Discretion of the Court, or if a Verdict shall be found upon any Issue in the said Cause for the Plaintiff or Demandant, Costs shall be also given in like Manner, unless the Judge who tried the said Issue shall certify, that the said Defendant or Tenant, or Plaintiff in Replevin had a probable Cause to plead such Matter, which upon the said Issue shall be found against him.
Sidan 543 - The only distinction between that case and the present, is, that there the action for the wrong was brought at the instance of the insurance office, which is not the case here. But it establishes that a recovery upon a contract with the insurers is no bar to a claim for damages against the wrong-doer.