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acceptance according action affidavit aforesaid afterwards agreed agreement alleged allowed amount answer appear application assigned attorney authority barrister bill borough breach brought called cause claim common consideration contained contract costs count court covenant damages debt decision deed defendant delivered directed discharge effect entered entitled evidence execution fact give given granted ground held intended interest issue judge judgment jury land liable London Lord manner matter MAULE means mentioned necessary notice objection obtained opinion overseers paid parish party payment person plaintiff plea pleaded possession premises present proceedings question reason received recover referred registered remained rent respect rule says shares ship signed statute sufficient suit taken term thereof tion trial verdict vote voters whole WILDE writ
Page 159 - the proceeds of the wreck of the Royal William were not money had and received by the defendant to the use of the plaintiff, for want of privity between them—and that the wreck and cargo having been sold through the defendant, as the agent of Captain Frazer, and
Page 883 - of lawful money of Great Britain, to be paid to the said Thomas King, or to his certain attorney, executors, administrators, or assigns, for which payment, to be well and faithfully made, we jointly bind ourselves, our heirs, executors and administrators, and each of us severally, separately and apart from the other of us, bindeth himself,
Page 243 - the writ of trial or writ of inquiry, that the action was really brought to try a right besides the mere right to recover damages for the trespass or grievance for which the action shall have been brought, or that the trespass or grievance in respect of which the action was brought,
Page 911 - drawn upon him as aforesaid; thereupon, afterwards, to wit, on the 19th of June 1845, in consideration that the plaintiff, at the request of the defendant, would accept the said bill of exchange so drawn by the said TC Lee upon the plaintiff as aforesaid, and would
Page 685 - in Michaelmas term last, obtained a rule nisi for a new trial, on the grounds of misdirection and that the verdict was against evidence. He referred to Dickinson v. Valpy, 10 B. & C. 128, 5 M. & R. 126; Tredwen v. Bourne, 6 M. & W. 461; Hawtayne v. Bourne, 7 M. & W. 595;
Page 899 - the court should be of opinion that no warranty could be implied from the circumstances above disclosed. Bylea, Serjt., in Michaelmas term last, obtained a rule nisi to enter a verdict for the plaintiff pursuant to the leave reserved, or for a new trial, on the ground of misdirection. He relied on Street v.
Page 745 - report. The rule was not made upon the ordinary consent rule. This motion is founded upon the 18th section of the 1 & 2 Viet. c. 110, which enacts " that all decrees and orders of courts of equity, and all rules of courts of common law, and all orders of the Lord Chancellor,
Page 485 - Serjt., in Michaelmas term last, obtained a rule nisi to enter a verdict for the defendant on the first issue as to the first count, or for a new trial, and to arrest the judgment as to the second count, or for a venire de novo. He cited Fitzherbert's Natura Brevium, 168
Page 723 - Serjt., on behalf of Joseph Stocks, in Michaelmas term, 1847, obtained a rule calling upon the plaintiff to show cause why the rule of the 12th of June, and all proceedings had thereon, should not be set aside, with costs, on the ground of the improper suppression by the plaintiff of material facts which ought