Cases Argued and Determined in the Court of Common Pleas: With Tables of the Names of the Cases Argued and Cited, and of the Principal Matters. [1840-1844], Volume 3Saunders and Benning, 1841 - Election law |
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Page 2
... proved that the defendant was , at the commencement of the action , indebted to him in 287. 16s . 11d . , and no more , for goods sold and delivered and money lent , accruing within six years . The defendant gave no evidence of any ...
... proved that the defendant was , at the commencement of the action , indebted to him in 287. 16s . 11d . , and no more , for goods sold and delivered and money lent , accruing within six years . The defendant gave no evidence of any ...
Page 3
... proved to be indebted to the plaintiff in 287. 16s . 11d . for goods sold and delivered , and for money lent , inde- pendently of four items in the particulars of demand , which were barred by the statute of limitations . The defendant ...
... proved to be indebted to the plaintiff in 287. 16s . 11d . for goods sold and delivered , and for money lent , inde- pendently of four items in the particulars of demand , which were barred by the statute of limitations . The defendant ...
Page 4
... proved any contract beyond that sum . [ Tindal C. J. Goodee v . Goldsmith ( a ) closely re- sembles this case . ] There , to a declaration in assumpsit for money had and received , the defendant pleaded as to all , except 31. 5s . , non ...
... proved any contract beyond that sum . [ Tindal C. J. Goodee v . Goldsmith ( a ) closely re- sembles this case . ] There , to a declaration in assumpsit for money had and received , the defendant pleaded as to all , except 31. 5s . , non ...
Page 5
... proved by the plaintiff to be due , the defendant is not entitled to the verdict on that plea . It would have been absurd ( b ) for the defendant to prove any thing to be due to him by way of set - off , when the plaintiff had closed ...
... proved by the plaintiff to be due , the defendant is not entitled to the verdict on that plea . It would have been absurd ( b ) for the defendant to prove any thing to be due to him by way of set - off , when the plaintiff had closed ...
Page 6
... proved any thing to be due to him , and , if so , whether it had been paid . It would have been different if the defendant had admitted the plaintiff's demand , and relied on his set - off . All that the plaintiff has done , is to admit ...
... proved any thing to be due to him , and , if so , whether it had been paid . It would have been different if the defendant had admitted the plaintiff's demand , and relied on his set - off . All that the plaintiff has done , is to admit ...
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Common terms and phrases
act of parliament action affidavit aforesaid agreement alleged allocatur allotment amount annuity antè appears assigns assumpsit attorney bankrupt bankruptcy barge bill of exchange bill of lading Bompas Serjt Channell Serjt charged charter-party claim COLTMAN commencement commissioners contract costs count mentioned creditors debt declaration deed defendant defendant's delivered demise demurrer detinue devise discharged Dyneley entered entitled ERSKINE evidence execution executor fendant ground heirs held inclosure act issue judgment jury lands learned judge lease Lees lessor liable Lord manor Maule ment messuages nolle prosequi nonsuit notice objection opinion paid parish parties payment person plaintiff plea pleaded possession premises purpose question received recover rent replication respect rule nisi seisin sheriff shewed cause shewn ship Smark statute statute of frauds taken tenant term testator therein thereof Tindal C. J. tion trespass trial verdict Vide warrant wharf William words writ
Popular passages
Page 130 - That all Actions and Prosecutions to be commenced against any Person for any thing done in pursuance of this Act shall be laid and tried in the County where the Fact was committed, and shall be commenced within Six Calendar Months after the Fact committed, and not otherwise...
Page 789 - ... not material to the merits of the case, and by which the opposite party cannot have been prejudiced, in the conduct of his action, prosecution, or defence...
Page 789 - Variance shall appear between any Matter in Writing or in Print produced in Evidence and the Recital or setting forth thereof upon the Record...
Page 130 - Months after the Fact committed, and not otherwise; and Notice in Writing of such Action, and of the Cause thereof, shall be given to the Defendant One Calendar Month at least before the Commencement of the Action...
Page 589 - Fact committed for which such Action or Suit shall be so brought; and every such Action shall be brought, laid, and tried...
Page 477 - ... under the commission, not disturbing the former dividends, and may receive dividends with the other creditors, although he may have become surety liable or bail as aforesaid, after an act of bankruptcy committed by such bankrupt ; provided that such person had not, when he became such surety or bail, or so liable as aforesaid, notice of any act of bankruptcy by such bankrupt committed.
Page 790 - ... shall be in some particular or particulars in the judgment of such court or judge not material to the merits of the case, but such as that the opposite party may have been prejudiced thereby in the conduct of his action, prosecution, or defence, then such court or judge shall...
Page 420 - Feather shall not particularly describe and ascertain the nature of the said invention, and in what manner the same is to be performed...
Page 476 - ... shall be entitled to prove such debt, or to stand in the place of the creditor if...
Page 507 - Doe and his assigns, from the day of in the year aforesaid, for and during and unto the full end and term of years from thence next ensuing, and fully to be complete and ended.