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 againſt adjudged admiffible admitted affidavit affignees againſt the defendant amotion anſwer arreft bailiff bankrupt becauſe bill brought Bull Burr cafe caſe caufe cauſe commiffion converfion copy corporation Court Cowp creditor cuſtom damages debt deed defendant's delivered depofitions diſcharge Eaft eftate election Eliz eſcape execution faid fale fame fervant fhall fheriff fhew fhip fhould firſt flander fome ftat ftatute fuch fued fufficient fuit fupport fworn given in evidence grant a mandamus held himſelf houſe huſband ibid iffue indictment injury intereft itſelf judgment Juft juftice jury liable libel Lord Kenyon Lord Mansfield matter mayor muft muſt N. P. Caf neceffary party perfon plaintiff pleaded poffeffion prefent prifoner profecution prove publiſhed purpoſe queftion quo warranto reafon refpecting refufed refuſed rule Salk ſhall ſpecial ſtate Stra ſuch tenant theſe trade trover unleſs uſed verdict 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 264 - 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 268 - 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...