Reports of Cases Argued and Determined in the King's Bench Practice Court: With the Points of Practice Decided in the Courts of Common Pleas and Exchequer, from Mich. Term, 1830 to [Michaelmas Term, 1841] ..
S. Sweet, 1837
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according action admitted affidavit alleged allowed amount answer appeared application arbitrator arrest attachment attorney authority award bail bill bring brought called charged circumstances cited claim common consequence considered contended copy costs count Court custody damages debt declaration defendant defendant's delivered demand directed discharged effect entered entitled evidence execution fact fendant give given granted ground held irregularity issue Judge judgment jury leave Lord matter means ment mentioned motion moved necessary nonsuit notice objection obtained opinion paid Parke particulars party payment person plaintiff plea pleaded practice present proceedings promise question reason received record recover referred refused respect Rule absolute rule nisi served sheriff shewed cause signed statute submitted sued sufficient suit summons taken Term tion trial unless verdict writ
Página 44 - In every species of assumpsit, all matters in confession and avoidance, including not only those by way of discharge, but those which show the transaction to be either void or voidable in point of law, on the ground of fraud or otherwise, shall be specially pleaded ; ex.
Página 679 - That any Arbitration or Umpirage procured by Corruption, or undue means, shall be judged and esteemed void and of none effect, and accordingly be set aside by any Court of Law or Equity, so as Complaint of such Corruption or undue Practice be made in the Court where the Rule is made for Submission to such Arbitration or Umpirage, before the last Day of the next Term after such Arbitration or Umpirage made and published to the Parties ; any thing in this Act contained to the contrary notwithstanding.
Página 50 - ... and if the other party shall intend to rely on any proviso, exception, incapacity, disability, contract, agreement, or other matter hereinbefore mentioned, or on any cause or matter of fact or of law not inconsistent with the simple fact of enjoyment, the same shall be specially alleged and set forth in answer to the allegation of the party claiming, and shall not be received in evidence on any general traverse or denial of such allegation.
Página 496 - December, 1833, no arrears of rent or of interest in respect of any sum of money charged upon or payable out of any land or rent, or in respect of any legacy, or any damages in respect of such arrears of rent or interest, shall be recovered by any distress, action or suit but within six years next after the same respectively shall have become due...
Página 429 - In actions on the case, the plea of not guilty shall operate as a denial only of the breach of duty or wrongful act alleged to have been committed by the defendant, and not of the facts stated in the inducement...
Página 30 - ... the court by which such rule or order shall be made, or which shall be mentioned in such submission, or by leave of a judge; and the arbitrator or umpire shall and may and is hereby required to proceed with the reference notwithstanding any such revocation, and to make such award, although the person making such revocation shall not afterwards attend the reference ; and that the court, or any judge thereof, may from time to time enlarge the term for any such arbitrator making his award.
Página 701 - ... 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...
Página 494 - ... twenty years next after the time at which the right to make such entry or distress or to bring such action shall have first accrued to some person through whom he claims ; or if such right shall...
Página 632 - No set-off of damages or costs between parties shall be allowed to the prejudice of the attorney's lien for costs in the particular suit against which the set-off is sought, provided, nevertheless, that interlocutory costs in the same suit, awarded to the adverse party, may be deducted.
Página 107 - that where there are mutual debts between the plaintiff and defendant, or if either party sue or be sued as executor or administrator, where there are mutual debts between the testator or intestate and either party, one debt may be set against the other ; and such matter may be given in evidence upon the general issue, or pleaded in bar, as the nature of the case shall require...