Reports of Cases Argued and Determined in the King's Bench Practice Court: With the Points of Practice Decided in the Courts of Common Pleas and Exchequer, from Mich. Term, 1830 to [Michaelmas Term, 1841] ...S. Sweet, 1838 - Civil procedure |
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Common terms and phrases
affidavit aforesaid ALDERSON alleged amend amount appears application arbitrator arrest assignees assumpsit award bail bankrupt bill of exchange certiorari cited claim commencement contended contract count custody damages declaration defendant defendant pleaded defendant's delivered demurrer entered entitled execution fact fendant FINLEYSON given granted ground held imprisonment indorsement injuriâ irregularity issue Judge jurisdiction jury liable Lord Abinger matter ment nisi prius nonsuit notice of trial nunc pro tunc objection obtained a rule opinion paid paid into Court Parke party PATTESON payment person plaintiff plea present rule prisoner proceedings promise question record recover replication Rule absolute Rule discharged rule nisi security for costs Serjt set-off sheriff shewed cause shewn sign judgment Smith statute sufficient summons sworn taken taxation tenant tiff TINDAL tion trespass Trinity Term verdict warrant of attorney writ of summons writ of trial
Popular passages
Page 395 - ... 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 610 - In every species of assumpsit, all matters in confession and avoidance, including not only those by way of discharge, but those which show the transaction to be either void or voidable in point of law, on the ground of fraud or otherwise, shall be specially pleaded ; ex.
Page 104 - Saund. 228, n. (1), it is said, that, " where there is any defect, imperfection, or omission in any pleading, whether in substance or form, which would have been a fatal objection upon demurrer ; yet, if the issue joined be such as necessarily required on the trial proof of the facts so 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...
Page 240 - Act, no attorney or solicitor, nor any executor, administrator, or assignee of any attorney or solicitor, shall commence or maintain any action or suit for the recovery of any fees...
Page 313 - No application to set aside process or proceedings for irregularity shall be allowed unless made within a reasonable time, nor if the party applying has taken a fresh step after knowledge of the irregularity.
Page 182 - All judgments, whether interlocutory or final, shall be entered of record of the day of the month and year, whether in term or vacation, when signed, and shall not have relation to any other day...
Page 347 - ... according as the very right of the cause and matter in law shall appear unto them, without regarding any imperfection, omission, defect in or lack of form...
Page 694 - Court 30 where such Action shall depend, at any Time before Issue joined to pay into Court such Sum of Money as he shall think fit, whereupon such Proceeding, Order, and Adjudication shall be had and made in and by such Court as in other Actions where Defendants are allowed to pay Money into Court.
Page 122 - A. brought an action against the sheriff for a false return of nulla bona to a fi.
Page 284 - The jury, having found a verdict for the plaintiff, the defendant moved for a new trial by reason of said exceptions.