A Treatise on the Parties to Actions, the Forms of Actions, and on Pleading: With a Second and Third Volume, Containing Precedents of Pleadings ...

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Page 262 - AB as for his costs and charges by him, about his suit in that behalf expended...
Page 376 - ... an act for the relief of debtors, with respect to the imprisonment of their persons.
Page 293 - ... defectively or imperfectly stated or omitted, and without which it is not to be presumed that either the judge would direct the jury to give or the jury would have given the verdict, such defect, imperfection, or omission is cured by the verdict...
Page 394 - Demurrer joined, be judged insufficient. Costs shall be given at the Discretion of the Court, or if a Verdict shall be found upon any Issue in the said Cause for the Plaintiff or Demandant, Costs shall be also given in like Manner, unless the Judge who tried the said Issue shall certify, that the said Defendant or Tenant, or Plaintiff in Replevin had a probable Cause to plead such Matter, which upon the said Issue shall be found against him.
Page 146 - Lordship for a rule to show cause why a nonsuit should not be entered, or why the verdict entered for the plaintiff' should not be set aside, and a New Trial had.
Page 67 - By that statute it was provided that ' whensoever from henceforth it shall fortune in the Chancery that in one case a writ is found, and in like case falling under like law and requiring like remedy is found none, the clerks of the Chancery shall agree in making the writ...
Page 394 - that it shall be lawful for any defendant or tenant in any action or suit, or for any plaintiff in replevin, in any court of record, with the leave of the same court, to plead as many several matters thereto, as he shall think necessary for his defence...
Page 230 - His lordship then proceeded to say, that the dependence or independence of covenants was to be collected from the evident sense and meaning of the parties, and that, however transposed they might be in the deed, their precedency must depend on the order of time in which the intent of the transaction requires their performance.
Page 283 - ... surprise on the defendant which might otherwise ensue on the trial, the plaintiff must, in general, state the particular damage which he has sustained, or he will not be permitted to give evidence of it.
Page 101 - ... and therefore, where a navigation act enacted that the company might sue for calls, &c. by action of debt or on the case, it was holden that an action on the case in tort lay, though the defendant might thereby be deprived of the benefit of a set-off (I).

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