An Abridgment of the Law of Nisi Prius, Volume 2

Front Cover
P. H. Nicklin & T. Johnson, 1838 - Nisi prius - 1620 pages
 

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Contents

The declaration
760
The pleadings
767
Debt on bail bond
770
The declaration
777
The pleadings
779
CHAPTER IX
781
CHAPTER X
785
Who may distrain
787
How a distress may be avoided
792
What may and what may not be distrained
794
In what place a distress should be made
802
In case of fraudulent removal
803
At what time a distress may be taken
805
How a distress should be made
807
How a distress should be disposed of
809
Second distress
813
Rescous or pound breach
814
Remedy for a wrongful distress
815
EJBCTMENT
819
CHAPTER XII
955
of the acts of the deceased
984
Actions by executors and administrators
993
Actions against executors or administrators
1002
SIV Admission of assets Devastavit
1008
Costs C
1009
Judgment
1011
Administration bond
1012
CHAPTER XIII
1015
Sections 1 and 2 Leases
1016
Section 3 Assignment or surrender of title
1019
Sec 4
1021
Promise by an executor to pay the debt of the testator
1022
Promise to answer for the debt default or miscarriage of another
1023
Statement of the consideration
1031
PACE
1037
Agreements in consideration of marriage
1038
Contracts for the sale of lands
1039
Agreements not to be performed within a year
1044
Memorandum or note in writing
1046
Agent
1050
What contracts for the sale of goods are within these enactments
1051
Delivery and acceptance XVI Earnest
1054
Note or memorandum in writing
1059
Agent
1062
Pleadings
1065
CHAPTER XIV
1067
Fraudulent misrepresentation respecting the subject matter of a contract
1077
CHAPTER XV
1082
Of the liability of the husband in respect of the con
1089
When a married woman is considered as a feme sole 1105
1105
Actions by husband and wife 1107
1107
Actions against husband and wife
1121
CHAPTER XVI
1125
Of the interest of the insured Wager policies
1133
Reinsurance Double insurance
1138
Of the form and requisites of a policy of insurance
1139
Construction of policies 1153 VI Valued and open policies
1152
Of loss by the perils insured against 1155
1155
Total loss and abandonment
1165
Stranding 1173
1173
General average XII Partial loss Particular average
1178
Adjustment
1180
Warranties
1181
Seaworthiness
1189
Deviation
1192
Insurance against fire
1233
LIMITATIONS STATUTES OF SEC I The 21 Jac I c 16
1240
When the statute begins to
1242
Avoiding the statute by issuing process
1251
What acknowledgment will obviate the statute VI 9G IV c 14 Lord Tenterdens
1253
What promise will avoid the 9 Geo IV c 14
1258
Part payment on account
1265
Payment by one of several joint debtors X What amounts to payment XI By and to whom the promise must be made XII The pleadings XIII Evidenc...
1266
CHAPTER XVIII
1287
When an action on the case will lie for a malicious arrest
1289
Malice and want of probable cause
1290
Determination of the original suit
1294
The declaration and pleadings
1295
Evidence viuence
1298
CHAPTER XIX
1302
When replevin will lie 1923
1323
II By and against whom replevin may be maintained 1324 1823
1324
SEC PAGE SEC III Mode of proceeding in replevin
1325
The declaration
1328
The pleadings
1329
Avowries and cognizances
1331
Subsequent pleadings
1335
Evidence
1337
Judgment
1339
Costs Practice
1341
Writs of recaption and second deliverance
1343
Proceedings on the replevin bond
1344
Proceedings against the sheriff for taking insufficient pledges
1347
CHAPTER XXI
1350
Words spoken in respect of office profession c
1355
Special damage
1357
Slander of title
1359
Libel
1360
Scandalum magnatum
1362
VII Privileged communications
1363
Privileged publications 1971
1371
Disclosing the name of the author of the slander
1376
The declaration
1377
The pleadings
1389
Evidence 1993
1393
Costs
1400
CHAPTER XXII
1401
Trespass for assault and battery
1409
The declaration
1412
The pleadings
1413
Replication
1418
New assignment
1422
Damages
1430
Trespass for false imprisonment
1432
The declaration
1447
Pieadings XIII Crim
1455
Trespass for seduction 1447 1455
1462
CHAPTER XXIII
1465
CHAPTER XXIV
1503
CHAPTER XXV
1511
Who may make a will what property will pass thereby
1513
Signing and attestation
1515
Witnesses
1518
Revocation
1522
Proof of a will
1529
W IV 1 Vic c 26
1539
Competency of witnesses under 3 4 W IV c 42 8 26
1575
ia and set
1600
INDEX 1577
1603

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Page 1048 - That no contract for the sale of any goods, wares, and merchandise, for the price of ten pounds sterling or upwards, shall be allowed to be good, except the buyer shall accept part of the goods so sold, and actually receive the same...
Page 1022 - ... 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, or some other person thereunto by him lawfully authorized.
Page 1534 - Hereditament, it shall go to the Executor or Administrator of the Party that had the Estate thereof by virtue of the Grant...
Page 1309 - ... not material to the merits of the case, and by which the opposite party cannot have been prejudiced in the conduct of his action, prosecution, or defence...
Page 1535 - Act it is enacted6 that if any person shall attest the execution of any will to whom, or to whose wife, or husband any beneficial devise, legacy, estate, interest, gift or appointment of, or affecting any real or personal estate (other than and except charges and directions for the payment of any debt or debts) shall be thereby given or made, such devise, legacy, estate, gift or appointment shall, so far only as concerns such person attesting the execution of such will, or the wife or husband of...
Page 1538 - Estate to which such Description shall extend (as the Case may be), which he may have Power to appoint in any Manner he may think proper, and shall operate as an Execution of snch Power, unless a contrary Intention shall appear by the Will...
Page 1539 - Bequest shall not lapse, but shall take effect as if the Death of such Person had happened immediately after the Death of the Testator, unless a contrary Intention shall appear by the Will.
Page 1538 - die without leaving Issue," or " have no Issue," or any other Words which may import either a Want or Failure of Issue of any Person in his Lifetime or at the Time of his Death, or an indefinite Failure of...
Page 1516 - ... shall be signed at the foot or end thereof by the testator, or by some other person in his presence and by his direction; and such signature shall be made or acknowledged by the testator in the presence of two or more witnesses present at the same time, and such witnesses shall attest and shall subscribe the will in the presence of the testator, but no form of attestation shall be necessary.
Page 1532 - Service," and to any other testamentary disposition ; and the words " real estate" shall extend to manors, advowsons, messuages, lands, tithes, rents, and hereditaments, whether freehold, customary freehold, tenant right, customary or copyhold, or of any other tenure, and whether corporeal, incorporeal, or personal, and to any undivided share thereof, and to any estate, right, or interest (other than a chattel interest) therein ; and the words

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