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Common terms and phrases13 C. B. Scott 16 Beav 16 Vict 9 Exch Act of Parliament action affidavit afterwards agreement alleged annuity appear applied appointed arbitrator assigns award Barrister bill bill of lading breach Brougham cause certiorari charge claim Common Law Common Law Procedure contract copyhold costs Court of Chancery Court of Equity covenant creditor death debt declaration decree deed defendant devise duty entitled Equity evidence execution executors gave heirs Held husband hypothec interest issue judge judgment jury justices L. J. Chan land Law Procedure Act leasehold estate legacy liable London Lord Lord Brougham Lord Campbell marriage ment mortgage notice paid parish Parliament party payment personal estate plaintiff plea pleaded possession proceedings provisions purchaser Q. B. Ellis Railway Company real estate refused rent respect rule sect society solicitor stat statute suit tenant testator tion trial trustees vendor wife writ Popular passagesPage 140 - Comparison of a disputed writing with any writing proved to the satisfaction of the judge to be genuine, may now be made by witnesses; and such writings, and the evidence of witnesses respecting the same, may be submitted to the Court and jury as evidence of the genuineness, or otherwise, of the writing in dispute Page 142 - an action for money had and received by the defendant to the use of the plaintiff as administrator, and on accounts stated with him as such administrator, the defendant cannot plead a set-off for money lent by him to the intestate in his life-time. Watts, Page 19 - freight being payable per ton (the act of God, the Queen's enemies, fire, and all and every other dangers and accidents of the seas, rivers, and navigation, of •whatever nature and kind, during the said voyage always excepted), Page 113 - from the day of the decease (inclusively) of such survivor, shall, by any writing or writings under his or their hand or hands, appoint, and, in default of and until such appointment, to the use of AB, his heirs and assigns for ever, according to the custom of the said Page 20 - itself, or such as may reasonably be supposed to have been in the contemplation of both parties at the time they made the contract, as the probable result of the breach of it. Where the Page 147 - provides that every will shall be construed to speak and take effect as if it had been executed immediately before the death of the testator, unless a contrary intention appear by the will, the Page 119 - An Act for the more effectual abolition of Oaths and Affirmations taken and made in various departments of the State, and to substitute Declarations in lieu thereof, and for the more entire suppression of voluntary and extra-judicial Oaths and Affidavits. Page 195 - Two trustees were originally appointed by a settlement, which contained a power that if the trustees or either of them should be desirous of being discharged, the tenant for life, " and after his decease, the surviving or continuing trustees or trustee " might appoint any other person or persons to be a trustee or trustees, in the stead of Page 165 - a verdict was found for the plaintiff, damages 101., with leave to the defendant to move to enter a nonsuit, if the Court should be of opinion that the money was deposited upon a lawful contract. Page 136 - —A declaration stating that the plaintiff sues the defendant for money found to be due from the defendant to the plaintiff upon accounts stated between them, is a sufficient compliance with the form given in the schedule to the Common Law Procedure Act. |
