A Digest of the Law of Actions and Trials at Nisi Prius, Volume 2A. Strahan, 1812 - Actions and defenses |
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Common terms and phrases
act of bankruptcy action adjudged admiſſible admitted affidavit affignees alſo amotion anſwer arreſt aſſignment bailiff bankrupt becauſe bill Bull Burr buſineſs cafe caſe cauſe commiffion commiſſion copy corporation coſts Court Cowp creditor damages debt declaration deed defendant defendant's depofitions election Eliz eſcape faid fale falſe fame firſt fome fuch fuit given in evidence grant a mandamus held houſe ibid indictment injury inſtrument intereſt iſſue iſt itſelf judgment jury justice liable libel Lord Lord Kenyon Lord Mansfield mayor muſt N. P. Caf neceſſary party perſon plaintiff pleaded poffeffion poſſeſſion preſcription preſent prove publiſhed purpoſe queſtion quo warranto reaſon refuſed reſpecting rule Salk ſame ſay ſervant ſet ſeveral ſhall ſhe ſheriff ſhew ſhip ſhould ſome ſpecial ſpoken ſtamp ſtat ſtated ſtatute Stra ſubject ſuch ſufficient ſupport ſwear ſworn theſe thoſe trade treſpaſs trover unleſs uſed verdict warranto whoſe witneſs words writ
Popular passages
Page 28 - After reciting that doubts had arisen, it declared and enacted that on every such trial, the jury may give a general verdict of guilty or not guilty upon the whole matter put in issue...
Page 157 - In the first place, a man, to entitle himself to the benefit of a patent of monopoly, must disclose his secret, and specify his invention in such a way, that others of the same trade, who are artists, may be taught to do the thing for which the patent is granted, by following the directions of the specification, without any new invention, or addition of their own.
Page 266 - Therefore in an information against Lord Halifax for refusing to deliver up the rolls of the auditor of the exchequer ; the court of exchequer put the plaintiff upon proving the negative, vi~.
Page 105 - One person being in fault will not dispense with another's using ordinary care for himself. Two things must concur to support this action — an obstruction in the road by the fault of the defendant, and no want of ordinary care to avoid it on the part of the plaintiff.
Page 137 - Kenyan, found a verdict for the plaintiff, and on a motion for a new trial...
Page 270 - Clarice (36), that wherever the original is of a public nature, and would be evidence, if produced, an immediate sworn copy thereof will be evidence.
Page 232 - Matter, though upon fuch Judgment you may take out Execution ; for it does not become a permanent Matter, till it be delivered into Court, and is there fixed as a Roll of the Court, and, until it become a Roll of the Court, it is transferable any where, and fo does not come under the Reafon of the Law that permits the giving of a Copy in Evidence.
Page 68 - ... for if it was not done to defraud creditors, and keep out of the way, it will not be an aft of bankruptcy within the ftatute. Alfo if after a plain aft of bankruptcy he pays off or compounds with all his creditors.
Page 138 - Cafe it will be fufficient for the Buyer to prove them the Goods of another, without proving that the Defendant knew them to be fo ; (for it need not be averred in the Declaration) for the Deceit...
Page 157 - He must so describe it that the public may, after the expiration of the term, have the use of the invention in as cheap and beneficial a way as the Patentee himself uses it...