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

770
825
779
832
CHAPTER IX
835
CHAPTER X
838
What may and what may not be distrained
845
In what place a distress should be made
852
At what time a distress may be taken
855
How a distress should be made
856
How a distress should be disposed
858
Second distress
861
Rescous or pound breach
862
Remedy for a wrongful distress
863
CHAPTER XI
867
For what things an ejectment will lie 823
870
Of the title necessary to support ejectment
882
Who may bring ejectment 840
884
In what cases an actual entry must be made before ejectment 853
894
Notice to quit 857
898
The declaration 878
914
Service of the declaration 889
923
Of the affidavit of service 899
931
Judgment by default 902
933
Appearance of the defendant and proceedings thereupon 905
935
When the court will stay the proceedings 911
940
Of the proceedings under 1 G IV c 87 where the tenant holds over 918
948
Of the trial judgment and execution 942
965
Costs 946
969
Writ of error 948
970
Trespass for mesne profits 949
971
CHAPTER XII
975
Administration de bonis non 964
983
Of bona notabilia 968 VII Of bona notabilia VIII Of the interest which an executor or administrator takes in the es tate of the deceased 972
990
Of the disposition of the estate of the deceased 975
993
Of the liability of an executor or administrator in respect of the acts of the deceased 984
1000
Of the liability of an executor or administrator in respect of his own acts 987
1003
Actions by executors and administrators
1007
Actions against executors or administrators
1015
Admission of assets Devastavit
1020
Costs
1022
Judgment
1023
Administration bond
1024
CHAPTER XIII
1026
SEC ECPA II Sections 1 and 2 Leases
1027
Section 3 Assignment or surrender of title
1029
Section 4
1031
Statement of the consideration
1039
Agreements in consideration of marriage
1045
Agreements not to be performed within a year
1050
Memorandum or note in writing
1051
Agent
1052
The 29 Car II c 3 s 17 and 9 G IV c 14 s 7
1055
What contracts for the sale of goods are within these enactments
1056
Delivery and acceptance
1058
Earnest
1062
Deeds of separation 1121
1153
CHAPTER XVI
1155
What may be insured 1129
1158
Of the interest of the insured Wager policies 1133
1161
Total loss and abandonment
1165
Reinsurance Double insurance 1138
1166
Stranding
1173
Valued and open policies 1152
1176
General average 1176
1197
Partial loss Particular average 1178
1199
805
1200
Adjustment 1180
1201
Seaworthiness 1189
1208
Deviation 1192
1210
Illegal voyage 1199
1216
Misrepresentation and concealment 1203
1219
Return of premium 1209
1224
Bottomry and respondentia
1228
Action on the policy
1230
Consolidation rule
1234
Evidence
1235
Insurance upon lives
1239
Insurance against fire
1242
CHAPTER XVII
1248
To what cases the statute extends
1249
When the statute begins to run
1250
Avoiding the statute by issuing process
1257
What acknowledgment will obviate the statute
1259
What promise will avoid the 9 Geo IV c 14
1263
Part payment on account
1269
Payment by one of several joint debtors
1270
What amounts to payment
1273
The pleadings
1275
Limitation of actions in respect of realties
1277
Limitation of actions upon specialties
1284
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
1293
The declaration and pleadings
1295
Evidence
1297
Amending the record III Judges certificate respecting costs IV Speedy execution CHAPTER XX
1305
REPLEVIN
1307
When replevin will lie II By and against whom replevin may be maintained III Mode of proceeding in replevin IV The declaration V The pleadin...
1326
CHAPTER XXI
1351
TRESPASS
1354
807
1371
When trespass lies in general II Trespass to personal property III Trespass for assault and battery 1401 1405
1402
CHAPTER XXIII
1465
CHAPTER XXIV
1506
I Of the nature and general requisites of a will II Who may make a will what property will pass thereby III Signing and attestation IV Witnesses V Re...
1512
APPENDIX
1542
815
1573

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Common terms and phrases

Popular passages

Page 1055 - 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 1031 - ... any contract or sale of lands, tenements, or hereditaments, or any interest in or concerning them ; 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 1523 - ... it shall go to the executor or administrator of the party that had the estate thereof by virtue of the grant...
Page 1279 - ... then such right shall be deemed to have first accrued at the time at which such estate or interest became an estate or interest in possession...
Page 1281 - ... to make an entry or distress or bring an action to recover such land or rent, shall be deemed to have first accrued...
Page 1511 - And moreover, no devise in writing of land, tenements or hereditaments, nor any clause thereof, shall at any time after the said four and twentieth day of June be revocable, otherwise than by some other will or codicil in writing or other writing declaring the same, or by burning, cancelling, tearing or obliterating the same by the testator himself, or in his presence and by his directions and consent...
Page 1178 - ... to be understood in their plain, ordinary, and popular sense, unless they have generally, in respect to the subjectmatter, (as, by the known usage of trade or the like,) acquired a peculiar sense distinct from the popular sense of the same words ; or unless the context evidently points out that they must, in the particular instance and in order to effectuate the immediate intention of the parties to that contract, be understood in some other special and peculiar sense.
Page 1503 - That no will shall be valid unless it shall be in writing and executed in manner hereinafter mentioned ; (that is to say), it 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...
Page 1055 - ... be actually made, procured, or provided, or fit or ready for delivery, or some act may be requisite for the making or completing thereof, or rendering the same fit for delivery...
Page 1285 - Actions for Penalties, Damages, or Sums of Money given to the Party grieved by any Statute now or hereafter to be in force...

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