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, 1835 - Civil procedure
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Reports of Cases Argued and Determined in the King's Bench ..., Volume 2
Great Britain Court of Exchequer
No preview available - 2015
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according action affidavit aforesaid afterwards alleged allowed amend amount appear application arrest assignment attachment attorney authority award bail bill brought called charged circumstances cited claim common consideration contended copy costs Court dant debt defendant defendant's delivered demand demurrer directed discharged effect entered entitled evidence execution fact fendant further give given granted ground held indorsed interest irregularity issue Judge judgment Justice leave Lord matter ment mentioned months motion moved necessary notice objection obtained officer opinion paid PARKE party payment person plain plaintiff plea pleaded practice present proceedings promise question reason received record recover referred refused residence respect rule nisi served sheriff shewed cause signed statute sufficient suit taken term thereof tion trial unless verdict whole witness writ
Page 503 - Provided always, that no first writ shall be available to prevent the operation of any statute whereby the time for the commencement of the action may be limited...
Page 409 - Action after Issue joined, or if, upon Demurrer or otherwise, Judgment shall be given against the Plaintiff, the Defendant shall recover This Act not to extend to Scotland or Ireland, except in Two Cases.
Page 409 - ... in any such action, such plaintiff shall not have costs against the defendant, unless the Judge before whom the trial shall be had shall certify his approbation of the action, and of the verdict obtained thereupon.
Page 612 - In actions on the case, the plea of not guilty shall operate as a denial only of the breach of duty or wrongful act alleged to have been committed by the defendant, and not of the facts stated in the inducement...
Page 127 - 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.
Page 643 - An Act for establishing certain Regulations for the better Management of the Affairs of the East India Company, as well in India as in Europe...
Page 606 - ... from such prisoner to the several persons named in his schedule as creditors, or claiming to be creditors, for the same respectively...
Page 859 - The jury, having found a verdict for the plaintiff, the defendant moved for a new trial by reason of said exceptions.
Page 411 - No set-off of damages or costs between parties shall be allowed to the prejudice of the attorney's lien for costs in the particular suit against which the set-off is sought, provided, nevertheless, that interlocutory costs in the same suit, awarded to the adverse party, may be deducted.
Page 289 - ... unless the judge shall in open court certify on the back of the record that the freehold or title to the...