Precedents in Pleading: With Copious Notes on Pleading, Practice and Evidence, Volumes 1-2 |
From inside the book
Results 1-5 of 100
Page 32
... paid the money mentioned in the said count according to his said supposed promise , 10. For Misjoinder of Forms of Action . ( m ) for that there is a misjoinder of forms of action in the said declaration in this , that in the ...
... paid the money mentioned in the said count according to his said supposed promise , 10. For Misjoinder of Forms of Action . ( m ) for that there is a misjoinder of forms of action in the said declaration in this , that in the ...
Page 45
... paid for by bill , and the defendant has refused to give it , and the time during which it was to run has expired ... PAID . - When actual money ( Power v . Butcher , 10 B. & C. 346 ; Bleadon v . Charles , 7 Bing . 246 ) , the property ...
... paid for by bill , and the defendant has refused to give it , and the time during which it was to run has expired ... PAID . - When actual money ( Power v . Butcher , 10 B. & C. 346 ; Bleadon v . Charles , 7 Bing . 246 ) , the property ...
Page 46
... paid to him by the plaintiff himself under a mistake or forgetfulness of facts ( Kelly v . Solari , 9 M. & W. 54 ) , or which had been extorted from him by oppression of law ( Duke de Cadaval v . Collins , 4 A. & E. 858 ; Close v ...
... paid to him by the plaintiff himself under a mistake or forgetfulness of facts ( Kelly v . Solari , 9 M. & W. 54 ) , or which had been extorted from him by oppression of law ( Duke de Cadaval v . Collins , 4 A. & E. 858 ; Close v ...
Page 48
... paid ( r ) the said sum of money or any part thereof , to the damage of the plaintiff of £ -— , [ enough to cover the whole claim , ( s ) ] and therefore he brings his suit , & c . 2. The common Count when the Declaration contains prior ...
... paid ( r ) the said sum of money or any part thereof , to the damage of the plaintiff of £ -— , [ enough to cover the whole claim , ( s ) ] and therefore he brings his suit , & c . 2. The common Count when the Declaration contains prior ...
Page 49
... paid to the plaintiff , it shall not be necessary for the defendant to plead the payment of such sum or sums of money . " " But this rule is not to apply to cases where the plaintiff , after stating the amount of his demand , states ...
... paid to the plaintiff , it shall not be necessary for the defendant to plead the payment of such sum or sums of money . " " But this rule is not to apply to cases where the plaintiff , after stating the amount of his demand , states ...
Contents
401 | |
418 | |
419 | |
434 | |
442 | |
456 | |
459 | |
462 | |
98 | |
108 | |
156 | |
175 | |
189 | |
200 | |
209 | |
218 | |
223 | |
226 | |
230 | |
236 | |
241 | |
250 | |
265 | |
275 | |
295 | |
305 | |
316 | |
324 | |
332 | |
346 | |
367 | |
374 | |
465 | |
509 | |
637 | |
648 | |
655 | |
682 | |
690 | |
702 | |
708 | |
714 | |
722 | |
728 | |
735 | |
748 | |
754 | |
770 | |
793 | |
813 | |
824 | |
844 | |
879 | |
887 | |
909 | |
Other editions - View all
Precedents in Pleading: With Copius Notes on Practice, Pleading ..., Volume 1 Joseph Chitty,Henry Pearson No preview available - 2018 |
Precedents in Pleading: With Copious Notes on Pleading, Practice and ... Joseph Chitty No preview available - 2017 |
Precedents in Pleading: With Copius Notes on Practice, Pleading ..., Volume 1 Joseph Chitty,Henry Pearson No preview available - 2018 |
Common terms and phrases
accepted Acceptor accrued Add account afterwards agreement alleged amount assignees as aforesaid assumpsit attorney award bankrupt bankruptcy became due behalf bill of exchange Bing breach causes of action chattels Chit Commencement common count conclude confession and avoidance consideration Contr contract count mentioned Court damage day of A. D. debt declaration mentioned defendant hath defendant is ready defendant then promised defendant's delivered demurrer detinue divers Dowl Drawer exchange in writing Exchequer of Pleas fendant hath not paid indebitatus count indebted indorsed issue judgment last aforesaid letters testamentary notice party payable payment period had elapsed person plaintiff avers plaintiff hath plaintiff to pay plea in abatement pleaded promise to pay promised the plaintiff ready to verify replication rule Saund sell Smith sold specially pleaded statute sum of money supra tenant therein thereupon Tidd tiff traverse Vict whereas the defendant writ writ of summons
Popular passages
Page 315 - That all contracts or agreements, whether by parol or in writing, by way of gaming or wagering, shall be null and void ; and that no ' suit shall be brought or maintained in any court of law or equity, for recovering any sum of money, or valuable thing, alleged to be won upon any wager, or which shall have been deposited in the hands of any person to abide the event on which any wager shall have been made...
Page 138 - Be it known that as well in own name as for and in the name and names of all and every other person or persons to whom the same doth, may, or shall appertain, in part or in all...
Page 508 - That, when the access and use of light to and for any dwelling-house, workshop, or other building, shall have been actually enjoyed therewith for the full period of twenty years without interruption, the right thereto shall be deemed absolute and indefeasible...
Page 606 - ... and on divers other days and times between that day and the commencement of this suit, wrongfully and...
Page 551 - That no action shall be brought whereby to charge any person upon or by reason of any representation or assurance made or given concerning or relating to the character, conduct, credit, ability, trade, or dealings of any other person, to the intent or purpose that such other person may obtain credit, money, or goods upon, unless such representation or assurance be made in writing, signed by the party to be charged therewith.
Page 506 - ... 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 was wilful and malicious.
Page 385 - 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...
Page 524 - ... years but nevertheless such claim may be defeated in any other way by which the same is now liable to be defeated...
Page 315 - ... whatsoever, where the whole or any part of the consideration of such conveyances or securities shall be for any money or other valuable thing whatsoever won by gaming or playing at cards...
Page 618 - That no claim which may be lawfully made at the common law, by custom, prescription, or grant, to any way or other easement, or to any watercourse, or the use of any water...