Cases Argued and Determined in the Court of Common Pleas and in the Exchequer Chamber: From 1856 ... [to 1865], Volume 7

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Page 717 - being in hand." The learned judge thereupon observed that the question resolved itself into one of law, and he directed a verdict for the plaintiff, reserving leave to the defendants to move to enter a nonsuit, if the court should be of opinion that there was no evidence to go to a jury in support of the plaintiff's claim.
Page 61 - be admissible in evidence in any court of justice, or before any person now or hereafter having by law or by consent of parties authority to hear, receive, and examine evidence, provided it be proved to be an examined copy or extract, or provided it purport
Page 553 - section of the 13 & 14 Viet. c. 61, enacts, that, " if in any action commenced after the passing of this act in any of Her Majesty's superior courts of record, in covenant, debt, detinue, or assumpsit, not being an action for breach of promise of marriage, the plaintiff shall recover a
Page 827 - that the writ has come to the knowledge of the defendant, or that he wilfully evades service of the same, and has not appeared thereto, it shall be lawful for such court or judge to order that the plaintiff be at liberty to proceed as if personal service had been effected, subject to such
Page 643 - any trespass by entering or being in the day time upon any land in search or pursuit of game, or woodcocks, snipes, quails, landrails, or conies, such person shall, on conviction thereof before a justice of the peace, forfeit and pay such sum of money not exceeding 21.,
Page 725 - Parry, Serjt., on a former day in this term, obtained a rule calling upon the plaintiff to show cause why the master should not be at liberty to tax and allow the defendant his costs of the day. He referred to Archbold's Practice, 10th edit. pp. 1399, 1424.
Page 561 - the consideration of the money or other act is to be performed, an action may be brought for the money, or for not doing such other act, before performance; for, it appears that the party relied upon his remedy, and did not intend to make the performance a condition precedent: and so it is where no
Page 841 - the amount of dilapidations proved; and leave was reserved to the defendant to move to enter a verdict for him, if the court should think the action not maintainable. Kinglake, Serjt., in Michaelmas Term last, obtained a rule nisi accordingly, and also to arrest the judgment. He referred to Wise
Page 363 - the consideration for such promise does not appear in writing or by necessary inference from a written document." / paper, therefore, must be construed according to the plain natural import of its terms. The import is, that the party signing it understood that Anderson & Co. had given an order for goods amounting to about
Page 555 - brought to try a right besides the mere right to recover damages, or that the grievance for which the action is brought was wilful and malicious, the plaintiff is not entitled to costs. Then comes the 13 & 14 Viet. c. 61. Now-, when the scope and object of that statute

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