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abandonment accepted action aforesaid afterwards agreed agreement alleged allowed amount appears applied assignment attorney authority bail bankrupt bill brought called cause charges circumstances claim common consideration contract costs course court damage debt declaration deed defendant delivered demand directed discharged effect entered entitled evidence execution fact give given grant ground heirs held indorsed intended interest issue judge judgment jury land lease Lord Chief Justice loss matter ment mentioned Mostyn necessary notice objection obtained opinion paid particular parties pass payment person plaintiff plea pleaded possession premises present proved purchase question reason received recover referred remain rent replication respect rule seems Serjeant sheriff shew ship sold statute sufficient suit taken tenant term thereof tion trial trustees unless verdict warrant whole writ
Página 248 - use of the said Thomas Pickering of Canterbury, and his assigns, for and during the term of his natural life, without impeachment of or for any manner of waste; and, from and after the determination of that estate, by forfeiture or otherwise, to the use of the said
Página 413 - month at least before the commencement of the action; and in any such action the defendant may plead the general issue and give this act and the special matter in evidence at any trial to be had thereupon; and no plaintiff (hall recover in any such action if
Página 108 - In every species of assumpsit, all matters in confession and avoidance, including not only those by way of discharge, but those which shew the transaction to be either void or voidable in point of law, on the ground of fraud or otherwise, shall be specially pleaded; ex. gr. infancy, coverture, release,
Página 240 - by any deed or deeds, instrument or instruments in writing, with or without power of revocation, to be sealed and delivered by her in the presence of and attested by two or more credible witnesses, or by her last will and testament in writing, or any writing purporting to be or
Página 413 - recover in any such action if tender of sufficient amends shall have been made before such action brought, or if a sufficient sum of money shall have been paid into court after such action brought, by or on behalf of the defendant ; and, if a verdict
Página 466 - to the 23rd June, 1832, when the said deposit was returned: and, if the court should be of opinion that the plaintiff was entitled to recover any further compensation for the loss of the use of the said 1500/. during the period last mentioned, the arbitrator found that the sum of
Página 583 - promise alleged, or of the matters of fact from which the contract or promise alleged may be implied by law. Ex.gr. In an action on a warranty, the plea will operate as a denial of the fact of the warranty having been given upon the alleged consideration, but not of
Página 176 - any bankrupt, at the time he becomes bankrupt, shall, by the consent and permission of the true owner thereof, have in his possession, order, or disposition any goods or chattels whereof he was reputed owner, or whereof he had taken upon himself the sale, alteration, or disposition as owner, the
Página 588 - Thesiger now shewed cause. — The motion is founded upon the 74th rule of Hilary Term, 2 Will 4, which provides that "no costs shall be allowed on taxation to a plaintiff upon any counts or issues upon which he has not succeeded; and the costs of all issues found for the defendant shall be deducted from the plaintiffs costs,
Página 185 - Mr. Price, on behalf of the bail, in Michaelmas Term last, obtained a rule calling upon the plaintiff to shew cause why the time for rendering the defendant should not be enlarged until after he should have passed his last examination under the fiat.