Reports of Cases Argued and Determined in the Court of Common Pleas, and Other Courts, Volume 1J. Butterwoth, 1820 - Law reports, digests, etc |
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Page 3
... fact of payment of the money . PARK J. This objection would in all cases confine the use for which a receipt can be produced in evi- dence to the bare fact of the payment of a sum of money , excluding all evidence of the consideration ...
... fact of payment of the money . PARK J. This objection would in all cases confine the use for which a receipt can be produced in evi- dence to the bare fact of the payment of a sum of money , excluding all evidence of the consideration ...
Page 17
... fact , of right . The count then set out at length the title of but the officer the demandant , the mise and award of the writ of of the court , in summons " By which writ our lord the king command expectation eth the said sheriff ...
... fact , of right . The count then set out at length the title of but the officer the demandant , the mise and award of the writ of of the court , in summons " By which writ our lord the king command expectation eth the said sheriff ...
Page 20
... fact , instead of which he had made a false return ; he should have returned that the four knights did not appear to be sworn , but he had , in fact , returned that they were sworn ; for the indorsement must be considered as a part of ...
... fact , instead of which he had made a false return ; he should have returned that the four knights did not appear to be sworn , but he had , in fact , returned that they were sworn ; for the indorsement must be considered as a part of ...
Page 21
... facts which have been disclosed , it ought never to have been brought . This is an action against the sheriff , not ... fact , falsely returned that these knights were sworn , such a return would not have been material ; and therefore ...
... facts which have been disclosed , it ought never to have been brought . This is an action against the sheriff , not ... fact , falsely returned that these knights were sworn , such a return would not have been material ; and therefore ...
Page 22
... fact summoned , and con- sented to appear ; that they did not appear , was not occasioned by the default of the sheriff ; he took the proper course ; and there is no ground whatever for any complaint against him . PARK J. I am glad to ...
... fact summoned , and con- sented to appear ; that they did not appear , was not occasioned by the default of the sheriff ; he took the proper course ; and there is no ground whatever for any complaint against him . PARK J. I am glad to ...
Common terms and phrases
action aforesaid alleged appears assignment attorney averred award bail bankrupt Berney Boehm breach BURROUGH cause clause of re-entry common law CONANT contended contract count Court covenant creditors DALLAS C. J. debt declaration deed Defendant discharged enter entitled evidence execution executors felony fendant fieri facias former freehold granted ground heirs held indenture indictment intention issue JERSEY Judges judgment jurisdiction jury justice justice of peace King's Bench land landlord lease Lens Serjt lessee lessor liable libel Lord Lord Coke Lord Ellenborough Lord Mansfield magistrate marriage ment messuages non-payment nonsuit offence oil of vitriol opinion paid party payment peace person or persons Petersburgh Plaintiff plea possession power of re-entry premises present proviso question reasonable remainder-man rent replevin respect says scire facias sheriff shew ship SMITH statute sufficient distress tenant term testator thereof tion tithe trial verdict warrant words writ
Popular passages
Page 455 - London, (the act of God, the queen's enemies, fire, and all and every other dangers and accidents of the seas, rivers, and navigation, of whatever nature and kind soever, excepted,) unto order or to assigns, he or they paying freight for the said goods at 51.
Page 370 - A rule having been obtained calling on the plaintiff to shew cause why the verdict should not be set aside, and a new trial had...
Page 575 - A CRIME, or misdemeanor, is an act committed, or omitted, in violation of a public law, either forbidding or commanding it.
Page 229 - The general principle upon which it depends, appears to be that, where there is any defect, imperfection, or omission in any pleading, whether in substance or form, which would have been a fatal objection upon demurrer, yet, if the issue joined be such as necessarily required, on the trial, proof of the facts so defectively or imperfectly stated or omitted, and without which it is not to be presumed that either the judge would direct the jury...
Page 390 - Serjt. now moved to set aside the verdict, and have a new trial, on payment of costs.
Page 272 - if at any time hereafter any person or persons shall become bankrupt, and at such time as they shall so become bankrupt shall by the consent and permission of the true owner and proprietary, have in their possession, order, and disposition, any goods or chattels, whereof they shall be reputed owners, and take upon them the sale, alteration, or disposition, as owners...
Page 186 - ... is depending by affidavit, or be proved upon the trial, in case the defendant appears...
Page 238 - ... that, where the plaintiff" has stated his title or ground of action defectively or inaccurately, because, to entitle him to recover, all circumstances necessary, in form or substance, to complete the title so imperfectly stated, must be proved at the trial, it is a fair presumption, after...
Page 220 - Easter term, 1817, moved for a rule nisi to set aside the verdict and enter a nonsuit, on the ground...
Page 557 - ... if it be against a magistrate, or other public person, it is a greater offence; for it concerns not only the breach of the peace, but also the scandal of Government...