A Practical and Elementary Abridgment of the Common Law as Altered and Established by the Recent Statutes, Rules of Court, and Modern Decisions: Comprising a Full Abstract of All the Cases Argued and Determined in the Courts of Common Law, & on Appeal : with the Rules of Court, from M.T. 1824, to M.T. 1840, Inclusive, and the Statutes During the Same Period : with Connecting and Illustrative References to the Earlier Authorities and Explanatory Notes, Volume 5
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action affidavit afterwards agent agreement alleged allowed amend amount appeared applied appointed authority bill Bing cause charge Company contract costs count Court held Court refused damages debt defendant delivered demand directed discharged entered entitled evidence execution fact give given granted ground indictment Inhabitants Inhabs issue Judge judgment jury Justices land liable master ment motion Nonsuit notice obtained occupation outlawry overseers paid parish particulars Partners party patent pauper payment person plaintiff plea pleaded Poor Principal Prisoner proceedings Process proved purchaser question received recover RELATIVE removal rent Replevin Requests residence rule Scott sessions Settlement Sheriff shew Ship Ship and shipping signed Slander Smith Stamps statute Staying sufficient taken tenant Tender term tion Trespass trial Trover unless verdict Warrant of attorney Witnesses writ
Page 645 - It shall be signed at the foot or end thereof, by the testator or by some other person in his presence, and by his direction, and such signature shall be made or acknowledged by the testator, in the presence of two or more witnesses present at the same time, and such witnesses shall attest and shall subscribe the will in the presence of the testator and of each other but no form of attestation shall be necessary.
Page 645 - ... such devise, legacy, estate, interest, gift or appointment shall, so far only as concerns such person attesting the execution of such Will, or the wife or husband of such person, or any person claiming under such person or wife or husband, be utterly null and void...
Page 688 - ... required for the execution of the will; but the will, with such alteration as part thereof, shall be deemed to be duly executed, if the signature of the testator, and the subscription of the witnesses be made in the margin or on some part of the will...
Page 612 - ... full period of twenty years, shall be defeated or destroyed by showing only that such way or other matter was first enjoyed at any time prior to such period of twenty years, but nevertheless such claim may be defeated in any other way by which the same...
Page 636 - Verdict for the plaintiff on the first issue, and for the defendant on the two last; and on the first a general judgment was entered in BR against the defendant de bonis propriis.
Page 683 - ... shall be construed to vest in such trustee the fee simple, or other the whole legal estate which the testator had power to dispose of by will in such real estate, and not an estate determinable when the purposes of the trust shall be satisfied.
Page 368 - No set-off of damages or costs between parties shall be allowed to the prejudice of the attorney's lien for costs in the particular suit against which the set-off is sought, provided, nevertheless, that interlocutory costs in the same suit, awarded to the adverse party, may be deducted.
Page 582 - ... notes, payable on demand, and be paid into the hands of the person appointed by the Stewards to receive the same: and in default thereof by any person, he shall pay the whole stake as a loser, whether his horse came in first or not, unless such person shall have previously obtained the consent of the party or parties with whom he is engaged, to his not staking.
Page 20 - In actions of debt on simple contract, other than on bills of exchange and promissory notes, the defendant may plead that "he never was indebted in manner and form as in the declaration alleged...