Reports of Cases Argued and Determined in the Court of King's Bench: With Tables of the Names of the Cases and the Principal Matters, Volume 5Saunders and Benning, 1835 - Law reports, digests, etc |
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Page iii
... PARKE , Knt . Sir WILLIAM ELIAS TAUNTON , Knt . Sir JOHN PATTESON , Knt . ATTORNEY - GENERAL . Sir WILLIAM HORNE , Knt . SOLICITOR - GENERAL . Sir JOHN CAMPBELL , Knt . A TABLE OF THE NAMES OF CASES REPORTED IN THIS A 2.
... PARKE , Knt . Sir WILLIAM ELIAS TAUNTON , Knt . Sir JOHN PATTESON , Knt . ATTORNEY - GENERAL . Sir WILLIAM HORNE , Knt . SOLICITOR - GENERAL . Sir JOHN CAMPBELL , Knt . A TABLE OF THE NAMES OF CASES REPORTED IN THIS A 2.
Page 35
... PARKE J. I am of the same opinion . There are two decisions on this point , which have been cited ; and I recollect a third to the same effect , not reported ( a ) . PATTESON J. I should not have directed a nonsuit , if my attention had ...
... PARKE J. I am of the same opinion . There are two decisions on this point , which have been cited ; and I recollect a third to the same effect , not reported ( a ) . PATTESON J. I should not have directed a nonsuit , if my attention had ...
Page 36
... Parke J. , at the York Summer assizes 1832 , the following appeared to be the facts of the case . The defendant , who was the keeper of the gaol for the liberty of Knaresborough , and the officer for exe- cuting writs within that ...
... Parke J. , at the York Summer assizes 1832 , the following appeared to be the facts of the case . The defendant , who was the keeper of the gaol for the liberty of Knaresborough , and the officer for exe- cuting writs within that ...
Page 40
... 125 , recovered for the whole penalty ; and the Court ordered judgment to be entered for the whole , with stay of exe- ( a ) 2 W. Bla . 706 . cution on payment of the interest due . [ Parke cution 40 CASES IN TRINITY TERM 1833. ...
... 125 , recovered for the whole penalty ; and the Court ordered judgment to be entered for the whole , with stay of exe- ( a ) 2 W. Bla . 706 . cution on payment of the interest due . [ Parke cution 40 CASES IN TRINITY TERM 1833. ...
Page 41
... [ Parke J. The condition there was different . Here it is , that on any default of payment the whole sum shall be due . ] It is the same , virtually , on any bond with a penalty . [ Patte- son J. The judgment on an ordinary bond would be ...
... [ Parke J. The condition there was different . Here it is , that on any default of payment the whole sum shall be due . ] It is the same , virtually , on any bond with a penalty . [ Patte- son J. The judgment on an ordinary bond would be ...
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act of parliament action admitted aforesaid agreement annuity ants appear assigned ASSUMPSIT attorney award bankrupt bill bill of lading Bishop Wearmouth bond clause co-parceners Collard commissioners common contrà contract copyhold Court covenant creditor debt declaration deed defendant delivered delivery demise Denman C. J. devise discharged Doɛ emblements entitled evidence executors feoffment GALLINI grant ground heirs held Hilary term indenture Inhabit intention issue judgment jury justices KING Lade Bank land lease lessee lessor liable Littledale Lord Lord Tenterden manor matter Matthew Knight ment mentioned messuages occupied opinion order of removal owner paid parish Parke parties PATTESON pauper payment person plaintiff plea possession premises proprietor quashed question recover rent replevin rule seisin settlement shewed cause ship statute steward surrender surrenderee Taunton tenant tenements term testator thereof township trial vendee vendor verdict void Wearmouth Westzinthus wife words Yates
Popular passages
Page 54 - ... 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...
Page 148 - Now know ye, that the UNITED STATES OF AMERICA, in consideration...
Page 1049 - Term) moved accordingly, and also for a rule to shew cause why there should not be a new trial on the ground...
Page 1047 - Watson now moved for a rule to shew cause, why the nonsuit should not be set aside, and a new trial had, on the ground of misdirection.
Page 50 - BY the 4th section of the statute of frauds," it is enacted that " no action shall be brought whereby to charge any person upon any contract or sale of lands, tenements, or hereditaments, or any interest in or concerning them, 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 41 - E., now moved for a rule, to shew cause why the verdict should not be set aside, and a...
Page 1083 - ... he took it under circumstances which ought to have excited the suspicion of a prudent and careful man.
Page 130 - ... the defendant or defendants in such action or suit to be brought may plead the general issue, and give this Act and the special matter in evidence at any trial to be had thereupon, and that the same was done in pursuance and by the authority of this Act...
Page 1109 - In debt on specialty or covenant, the plea of non est factum shall operate as a denial of the execution of the deed in point of fact only, and all other defences shall be specially pleaded, including matters which make the deed absolutely void, as well as those which make it voidable.
Page 855 - A verdict having been found for the defendant, a rule nisi was obtained for a new trial, on the ground that the evidence had been improperly received.