The Exchequer Reports: Reports of Cases Argued and Determined in the Courts of Exchequer & Exchequer Chamber ... Trinity Term, 10 Vict., to [Hilary Vacation, 19 Vict.] Both Inclusive. [1847-1856], Volume 5S. Sweet, 1851 - Law reports, digests, etc |
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Page 11
... brought by an executor , that the plaintiff has not proved the will , though it is true he may demur , if the plain- tiff does not in his declaration shew the probate . " [ Parke , B. - The latter passage cannot be correct . If an ...
... brought by an executor , that the plaintiff has not proved the will , though it is true he may demur , if the plain- tiff does not in his declaration shew the probate . " [ Parke , B. - The latter passage cannot be correct . If an ...
Page 12
... " the defendant may plead in bar to an action brought by such ( c ) 7 A. & E. 114 . ( a ) 1 T. R. 480 . ( b ) 5 B. & C. 491 . ( d ) 2 M. & W. 87 . an executor or administrator , that there were bona notabi- 12 EXCHEQUER REPORTS .
... " the defendant may plead in bar to an action brought by such ( c ) 7 A. & E. 114 . ( a ) 1 T. R. 480 . ( b ) 5 B. & C. 491 . ( d ) 2 M. & W. 87 . an executor or administrator , that there were bona notabi- 12 EXCHEQUER REPORTS .
Page 14
... brought , still the action is well brought , because he was executor before probate ; although by the law he is not permitted to sue before probate , yet , it being proved , the impediment is removed ab initio , for he , by shewing the ...
... brought , still the action is well brought , because he was executor before probate ; although by the law he is not permitted to sue before probate , yet , it being proved , the impediment is removed ab initio , for he , by shewing the ...
Page 28
... and the present action was brought to recover the moieties of five years ' rent . On the part of the defendant , it was objected that this form of action would not lie by one tenant in common against his co - tenant ; 28 EXCHEQUER REPORTS .
... and the present action was brought to recover the moieties of five years ' rent . On the part of the defendant , it was objected that this form of action would not lie by one tenant in common against his co - tenant ; 28 EXCHEQUER REPORTS .
Page 29
... brought by one tenant in common against the other , as bailiff , for receiving more than comes to his just share or ... brought against him for it . " In Viner's Abr . " Account , " ( A ) , pl . 12 , there is cited a case of Hamond v ...
... brought by one tenant in common against the other , as bailiff , for receiving more than comes to his just share or ... brought against him for it . " In Viner's Abr . " Account , " ( A ) , pl . 12 , there is cited a case of Hamond v ...
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Common terms and phrases
Act of Parliament action aforesaid agreement Alderson alleged amount appears appointed arbitrator assigns assumpsit authorised averment bankrupt bill Birmingham Birmingham and Oxford BISHOP BISHOP OF EXETER breach Burningham called Chester Canal claim clause contract costs Court covenant creditors debt declaration deed defendant defendant's demurrer discharged Dudley Railway Ellesmere Canal enacts entered entitled evidence Exch execution executor fendant held Hugh Hill indenture indorsed issue judgment JUNCTION RAIL jury land learned Judge lease leasehold estates liable Lord matter ment mortgage nonsuit notice opinion Oxford Junction paid pany parish Parke Parliament party payment person plaintiff plaintiff in error plea pleaded Pollock premises proceedings question received recover rent replication respect river Dee Rolfe rule scire facias shareholder shares shewed cause statute testator thereby thereof tiff tion trial trustees verdict Vict warrant Western Railway Company Wolverhampton words writ
Popular passages
Page 169 - December, 1833, no person shall make an entry or distress or bring an action to recover any land or rent but within twenty years next after the time at which the right to make such entry or distress or to bring such action shall hare first accrued to some person through whom he claims...
Page 482 - ... and unless the promoters of the undertaking be willing to pay the amount of compensation so claimed, and enter into a written agreement for that purpose, they shall, within twentyone days after the receipt of such notice, issue their warrant to the sheriff to summon a jury for settling the same in the manner herein provided...
Page 227 - In any action or suit to be brought by the company against any shareholder to recover any money due for any call it shall not be necessary to set forth the special matter, but it shall be sufficient...
Page 770 - ... and after any such appointment shall have been made neither party shall have power to revoke the same without the consent of the other, nor shall the death of either party operate as a revocation...
Page 170 - ... have been in possession or in receipt of the profits of such land, or in receipt of such rent...
Page 352 - The principle is, that a servant when he engages to serve a master undertakes, as between himself and his master, to run all the ordinary risks of the service, and this includes the risk of negligence upon the part of a fellow-servant when he is acting in the discharge of his duty as a servant of him who is the common master of both.
Page 43 - That if any Action shall be commenced after the passing of this Act in any of Her Majesty's Superior Courts of Record...
Page 178 - And when the estate or interest claimed shall have been an estate or interest in reversion or remainder or other future estate or interest and no person shall have obtained the possession or receipt of the profits of such land or the receipt of such rent in respect of such estate or interest then such right shall be deemed to have first accrued at the time at which such estate or interest became an estate or interest in possession.
Page 241 - A party is not to cast himself upon an obstruction which has been made by the fault of another, and avail himself of it, if he do not himself use common and ordinary caution to be in the right.
Page 17 - ... of the court shall be entered in a book or books to be kept for that purpose, and known as the "Juvenile Record," and the court may for convenience be called the "Juvenile Court.