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 48
... judgment must therefore be for the avowant . Judgment for the Defendant . May 13 . After bail put in and justified , and a subse- quent demand of plea , and time allowed for pleading , it is too late to move to enter an exo- neretur on ...
... judgment must therefore be for the avowant . Judgment for the Defendant . May 13 . After bail put in and justified , and a subse- quent demand of plea , and time allowed for pleading , it is too late to move to enter an exo- neretur on ...
Page 54
... judgment in Naish v . Tatlock are , " What is given by this statute ? A reasonable satisfaction for the use and occupation is the thing intended to be given ; the form of action marked out ( being enlarged by a necessary construction ...
... judgment in Naish v . Tatlock are , " What is given by this statute ? A reasonable satisfaction for the use and occupation is the thing intended to be given ; the form of action marked out ( being enlarged by a necessary construction ...
Page 61
... judgment shall be against ( 6 ) him . But the present is a case of execution directed to be levied by distress and sale , and therefore judgment pro retorno habendo cannot be awarded . The sale shews that this process is in the nature ...
... judgment shall be against ( 6 ) him . But the present is a case of execution directed to be levied by distress and sale , and therefore judgment pro retorno habendo cannot be awarded . The sale shews that this process is in the nature ...
Page 62
... judgment for a return ; but it is the frequent practice for juries to find the value of the goods replevied , and for the Court to award that value instead of a return of the pledge . The cogni- zance is bad in the material part , for ...
... judgment for a return ; but it is the frequent practice for juries to find the value of the goods replevied , and for the Court to award that value instead of a return of the pledge . The cogni- zance is bad in the material part , for ...
Page 63
... Judgment for the Defendants . ( a ) Bac . Abr . 5th ed . vol . 6. p . 58. , Replevin ( C ) , Bradshaw's 1819 . WILSON ข . WELLER . VOL . I. * E 8 1819 . 1 May 14 : In order to bring IN THE FIFTY - NINTH YEAR OF GEORGE III . 63.
... Judgment for the Defendants . ( a ) Bac . Abr . 5th ed . vol . 6. p . 58. , Replevin ( C ) , Bradshaw's 1819 . WILSON ข . WELLER . VOL . I. * E 8 1819 . 1 May 14 : In order to bring IN THE FIFTY - NINTH YEAR OF GEORGE III . 63.
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...