The Law of Pleading and Evidence in Civil Actions: Arranged Alphabetically: with Practical Forms: and the Pleading and Evidence to Support Them, Volume 1

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R. H. Small, 1831 - Civil procedure
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Page 225 - Faith, in the sum of pounds of good and lawful money of Great Britain to be paid to Our said Lady the Queen, her heirs and successors.
Page 283 - ... committed, provided the person or persons so dealing with such bankrupt, or at whose suit or on whose account such execution or attachment shall have issued, had not at the time of such contract, dealing, or transaction, or at the time of executing or levying such execution or attachment, notice of any prior act of bankruptcy by him committed...
Page 283 - ... all executions and attachments against the lands and tenements or goods and chattels of such bankrupt, bond fide executed or levied more than two calendar months before the issuing of such commission, shall be valid, notwithstanding any prior act of bankruptcy by him committed...
Page 483 - East, 529;) and where an expression is capable of different meanings, that shall be taken which will support the averment, and not the other which would defeat it.
Page 174 - Where articles contain covenants for the performance of several things, and then one large sum is stated at the end to be paid upon breach of performance, that must be considered as a penalty. But where it is agreed that if a party do such a particular thing, such a sum shall be paid by him, there the sum stated may be treated as liquidated damages.
Page 283 - ... had notice at the time of such purchase of an act of bankruptcy, by such bankrupt committed, shall be impeached by reason thereof, unless (*)the commission against such bankrupt shall have been sued out within twelve calendar months() after such act of bankruptcy(iw).
Page 407 - Alison (a) it was laid down that " the distincGKEENWOOD. tion is this; if a servant driving a carriage, in order to effect some purpose of his own, wantonly strike the horses of another person and produce the accident, the master will not be liable. But if, in order to perform his master's orders, he strikes, but injudiciously and in order to extricate himself from a difficulty, that will be negligent and careless conduct for which the master will be liable, being an act done in pursuance of the...
Page 408 - And the rule of law may be that in all cases where a man is in possession of fixed property he must take care that his property is so used and managed that other persons are not injured, and that, whether his property be managed by his own immediate servants or by contractors or their servants.
Page 284 - That where there has been mutual Credit given by the Bankrupt and any other Person, or where there are mutual Debts between the Bankrupt and any other Person, the Commissioners shall state the Account between them, and one Debt or Demand may be set against another...
Page 298 - That if any Person who shall have been so discharged by such Certificate as aforesaid, or who shall have compounded with his Creditors, or who shall have been discharged by any Insolvent Act, shall be or become Bankrupt, and have obtained or shall hereafter obtain such Certificate as aforesaid...

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