An Abridgment of the Law of Nisi Prius, Volume 2

Front Cover
P. H. Nicklin & T. Johnson, 1838 - Nisi prius - 1620 pages
 

Contents

Debt on bond
730
The declaration
760
The pleadings
767
Debt on bail bond
770
The declaration
777
The pleadings
779
CHAPTER IX
781
CHAPTER X
786
Who may distrain
788
How a distress may be avoided
792
What may and what may not be distrained
794
In what place a distress should be made
802
In case of a fraudulent removal
803
At what time a distress may be taken
805
How a distress should be made
807
How a distress should be disposed of
809
Second distress
813
Rescous or pound breach
814
Remedy for a wrongful distress
815
In what cases an actual entry must be made before ejectment
852
The declaration
878
Service of the declaration
888
Of the affidavit of service
898
When the court will stay the proceedings
912
Of the proceedings under 1 G IV c 87 where the tenant holds over
922
Of the trial judgment and execution
943
Trespass for mesne profits
949
Administrators
963
tate of the deceased
971
Of the liability of an executor or administrator in respect of
987
Actions against executors or administrators
1003
Costs
1009
SEC EGPA II Sections 1 and 2 Leases
1017
Section 3 Assignment or surrender of title
1019
Section 4
1021
Promise by an executor to pay the debt of the testator
1022
Statement of the consideration
1031
Agreements in consideration of marriage 1038
1045
Agreements not to be performed within a year
1050
Memorandum or note in writing
1051
Agent
1052
The 29 Car II c 3 s 17 and 9 G IV c 14 s 7
1055
What contracts for the sale of goods are within these enactments
1056
Delivery and acceptance
1058
Earnest
1062
Agent
1065
CHAPTER XIV
1069
eontract
1077
CHAPTER XV
1082
Wifes separate estate
1085
Of the liability of the husband in respect of the contracts of his wife 1089
1092
When a married woman is considered as a feme sole
1101
Wifes privileges from arrest
1105
Actions by husband and wife
1107
Actions against husband and wife
1117
Deeds of separation
1121
CHAPTER XVI
1125
What may be insured
1129
Of the interest of the insured Wager policies
1133
Reinsurance Double insurance
1138
Of the form and requisites of a policy of insurance
1139
Valued and open policies
1152
SEC PAGE VII Construction of policies
1153
Of loss by the perils insured against
1155
Total loss and abandonment 1165
1171
Stranding
1179
General average
1181
Partial loss Particular average
1183
Adjustment
1185
Seaworthiness
1192
Deviation
1194
Illegal voyage
1200
Misrepresentation and concealment
1203
Return of premium
1210
Bottomry and respondentia
1214
Avoiding the statute by issuing process
1251
What acknowledgment will obviate the statute
1253
G IV c 14 Lord Tenterdens Act
1256
What promise will avoid the 9 Geo IV c 14
1257
Part payment on account
1267
Payment by one of several joint debtors
1268
What amounts to payment
1271
The pleadings
1273
Evidence
1275
Limitation of actions upon specialties
1283
CHAPTER XVIII
1285
When an action on the case will lie for a malicious arrest
1287
Malice and want of probable cause
1288
Determination of the original suit
1291
The declaration and pleadings
1295
CHAPTER XIX
1303
Amending the record
1309
Judges certificate respecting costs 1315
1319
Speedy execution
1325
CHAPTER XX
1326
By and against whom replevin may be maintained
1327
Mode of proceeding in replevin
1328
The declaration
1331
Subsequent pleadings
1336
Evidence
1338
Judgment
1339
Costs Practice
1342
Writs of recaption and second deliverance
1343
Proceedings against the sheriff for taking insufficient pledges
1346
CHAPTER XXI
1351
Words spoken in respect of office profession c
1355
Special damage
1357
Slander of title
1359
Scandalum magnatum 1362
1365
Privileged communications 1363
1366
Privileged publications
1373
Disclosing the name of the author of the slander
1376
The declaration
1377
The pleadings
1389
Evidence
1392
Costs
1401
CHAPTER XXII
1402
Trespass to personal property
1405
Trespass for assault and battery
1409
SEC PAGE IV The declaration
1412
Replication
1415
New assignment
1418
Damages
1424
Trespass for false imprisonment
1425
Trespass to real property
1431
The declaration
1446
Pleadings
1448
Crim con
1455
Trespass for seduction
1462
CHAPTER XXIII
1465
Absolute property and right of possession
1467
Special property
1474
Possession alone when sufficient
1476
Conversion
1477
Demand and refusal 1482
1483
Parties to this action
1487
The declaration
1490
The pleadings 1492
1497
Lien 1495
1500
Evidence and damages
1503
CHAPTER XXIV
1506
CHAPTER XXV
1512
Who may make a will what property will pass thereby
1514
Signing and attestation
1515
Witnesses
1518
Revocation
1523
Proof of a will
1529
APPENDIX
1542
APPENDIX BY THE AMERICAN EDITOR
1546
INDEX
1561

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Common terms and phrases

Popular passages

Page 1055 - That no contract for the sale of any goods, wares, and merchandise, for the price of ten pounds sterling or upwards, shall be allowed to be good, except the buyer shall accept part of the goods so sold, and actually receive the same...
Page 1021 - ... any contract or sale of lands, tenements, or hereditaments, or any interest in or concerning them ; or upon any agreement that is not to be performed within the space of one year from the making thereof ; unless the agreement, upon which such action shall be brought or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith, or some other person thereunto by him lawfully authorized.
Page 1523 - ... it shall go to the executor or administrator of the party that had the estate thereof by virtue of the grant...
Page 1277 - ... 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 1279 - ... to make an entry or distress or bring an action to recover such land or rent, shall be deemed to have first accrued...
Page 1511 - And moreover, no devise in writing of land, tenements or hereditaments, nor any clause thereof, shall at any time after the said four and twentieth day of June be revocable, otherwise than by some other will or codicil in writing or other writing declaring the same, or by burning, cancelling, tearing or obliterating the same by the testator himself, or in his presence and by his directions and consent...
Page 1154 - ... to be understood in their plain, ordinary, and popular sense, unless they have generally, in respect to the subjectmatter, (as, by the known usage of trade or the like,) acquired a peculiar sense distinct from the popular sense of the same words ; or unless the context evidently points out that they must, in the particular instance and in order to effectuate the immediate intention of the parties to that contract, be understood in some other special and peculiar sense.
Page 1503 - That no will shall be valid unless it shall be in writing and executed in manner hereinafter mentioned ; (that is to say), 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, but no form of attestation...
Page 1055 - ... be actually made, procured, or provided, or fit or ready for delivery, or some act may be requisite for the making or completing thereof, or rendering the same fit for delivery...
Page 1283 - Actions for Penalties, Damages, or Sums of Money given to the Party grieved by any Statute now or hereafter to be in force...

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