Common Bench Reports: Cases Argued and Determined in the Court of Common Pleas ... 1845[-1856].William Benning and Company, 1846 - Law reports, digests, etc |
From inside the book
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Page 9
... plea of leave and licence , in trespass , the plaintiff must new - assign . [ V. Williams , J. The whole doctrine of new - assignment rests upon that case . ] Suppose the defendant in this case had pleaded leave and licence , — would ...
... plea of leave and licence , in trespass , the plaintiff must new - assign . [ V. Williams , J. The whole doctrine of new - assignment rests upon that case . ] Suppose the defendant in this case had pleaded leave and licence , — would ...
Page 16
... plea mentioned , and before the commencement of this suit , to wit , on & c . , he the ment and acceptance , after action brought , of 50 % . , in satisfaction and discharge " of the causes of action in the introductory part of the plea ...
... plea mentioned , and before the commencement of this suit , to wit , on & c . , he the ment and acceptance , after action brought , of 50 % . , in satisfaction and discharge " of the causes of action in the introductory part of the plea ...
Page 17
... plea mentioned ; " verification . Secondly , " for a further plea in this behalf , as to the residue of the said first and last counts , actio inde ulterius non , because he , the defendant , after the com- mencement of this suit , to ...
... plea mentioned ; " verification . Secondly , " for a further plea in this behalf , as to the residue of the said first and last counts , actio inde ulterius non , because he , the defendant , after the com- mencement of this suit , to ...
Page 18
... plea . In Triston v . Barrington ( a ) , the plea was a plea of payment of a sum of money in satisfaction of all the causes of action in the declaration mentioned , and it was held to be an answer as well to the damages as to the debt ...
... plea . In Triston v . Barrington ( a ) , the plea was a plea of payment of a sum of money in satisfaction of all the causes of action in the declaration mentioned , and it was held to be an answer as well to the damages as to the debt ...
Page 19
... plea was the same identical bill , and concluding with a veri- fication , was held bad on special demurrer . But the court also intimated an opinion that the plea was bad , for not alleging the money to have been paid in satisfac- tion ...
... plea was the same identical bill , and concluding with a veri- fication , was held bad on special demurrer . But the court also intimated an opinion that the plea was bad , for not alleging the money to have been paid in satisfac- tion ...
Common terms and phrases
act of parliament affidavit aforesaid alleged Anderson appear assignment assumpsit attorney averment bailment BEVISS bill bill of lading breach called Avon Eitha called Plas Bennion cause of action charged chattels claim colliery called Avon colliery called Plas Coltman commencement contract county-court court covenant Cresswell Cronstadt damages debt declaration deed deed-poll defendant's delivered deponent detinue entitled entry evidence execution executors fendant held indenture issue judgment jury KINGLAKE land learned judge libel Lord Denman Lord NEWBOROUGH Maria Lena Maule MAYHEW MENIAEFF ment messuage opinion oyer paid party payment person plaintiff plea possession premises principal railway RAINCOCK received rent replevin respect rule SCHRÖDER sellers sheriff shew ship statute suit tenant in common term testator therein thereinafter thereof Thomas tiff tion trial trover trust vein or seam verdict Vict Werninck Wilde Williams words writ writ of summons
Popular passages
Page 243 - Easter term last, moved for a rule to shew cause why there should not be a new trial, on the ground of the trial having been improperly allowed to take place in the absence of Dr.
Page 116 - ... the same shall be paid into the bank, in the name and with the privity of the...
Page 853 - ... delivered unto the party to be charged therewith, or sent by the post to or left for him at his counting-house, office of business, dwelling-house, or last known place of abode...
Page 115 - ... be paid into the Bank of England in the name and with the privity of the Accountant-General of...
Page 103 - That all Actions and Proceedings which before the passing of this Act might have been brought in any of Her Majesty's Superior Courts of Record where the Plaintiff dwells more than Twenty Miles from the Defendant, or where the Cause of Action did not arise wholly or in some material Point within the Jurisdiction of the Court within which the Defendant dwells or carries on his Business at the Time of the Action brought...
Page 912 - Baron, when a verdict was found for the plaintiff, subject to the opinion of the Court...
Page 301 - Ann, his wife, their heirs, executors, and administrators, well and sufficiently saved, defended, kept harmless, and indemnified of, from, and against all and all manner of former and other gifts, grants, bargains, sales...
Page 159 - ... as aforesaid, the false, scandalous, malicious and defamatory words following...
Page 101 - Provided always, that the court shall not have cognizance of any action of ejectment, or in which the title to any corporeal or incorporeal hereditaments, or to any toll, fair, market, or franchise, shall be in question, or in which the validity of any devise, bequest, or limitation under any will or settlement may be disputed, or for any malicious prosecution, or for any libel or slander, or for criminal conversation, or for seduction, or breach of promise of marriage.
Page 117 - England in the name and with the privity of the accountant-general of the court of Chancery...