The Law of Pleading and Evidence in Civil Actions: Arranged Alphabetically: with Practical Forms: and the Pleadings and Evidence to Support Them, Volume 2, Part 1 |
Common terms and phrases
acceptance admissible afterwards agent agreement alleged amount arrest assignment assumpsit attorney averment bankers bill of exchange bill of lading Bing breach brought Camp cause of action charter-party claim common count constable contract count court covenant coverture creditor damages debt debtor declaration deed defence deft deft.'s delivered delivery demurrer discharge Dowl East entitled Exch execution fact false imprisonment fraud freight given guarantee held husband imprisonment indorsed issue judgment jury lease liable lien matter ment money paid necessary non est factum notice officer owner particular partner partnership party payment plea pleaded possession promise promissory note proof prove purchase Railway Company Raym received recover rent Saund set-off shares sheriff ship Smith sold Stark statute Statute of Frauds Stra sued sufficient supra Taunt tenant third person tion trespass verdict Vict warrant wife witness writ
Popular passages
Page 315 - ... in actions of debt or upon the case grounded upon any simple contract, no acknowledgment or promise by words only shall be deemed sufficient evidence of a new or continuing contract...
Page 107 - That no contract for the sale of any goods, wares, and merchandise, for the price of ten pounds sterling or upwards, shall be allowed to be good, except the buyer shall accept part of the goods so sold, and actually receive the same, or give something in earnest to bind the bargain, or in part payment, or that some note or memorandum in writing of the said bargain be made and signed by the parties to be charged by such contract, or their agents thereunto lawfully authorized.
Page 315 - ... or to deprive any party of the benefit thereof, unless such acknowledgment or promise shall be made or contained by or in some writing, to be signed by the party chargeable thereby...
Page 202 - Viet. c. 109, s. 18, it is enacted, that all contracts or agreements, whether by parol or in writing, by way of gaming or wagering, shall be null and void ; and that no suit shall be brought or maintained in any court of law or equity for recovering any sum of money or valuable thing alleged to be won upon any wager, or which shall have been deposited in the hands of any person to abide the event on which any wager shall have been made...
Page 315 - Provided always, that nothing herein contained shall alter or take away or lessen the Effect of any Payment of any Principal or Interest made by any Person whatsoever...
Page 107 - ... be actually made, procured, or provided, or fit or ready for delivery, or some act may be requisite for the making or completing thereof, or rendering the same fit for delivery...
Page 455 - The right to the use of water rests on clear and settled principles. Prima facie, the proprietor of each bank of a stream is the proprietor of half the land covered by the stream, but there is no property in the water. Every proprietor has an equal right to use the water which flows in the stream ; and consequently no proprietor can have the right to use the water to the prejudice of any other proprietor. Without the consent of the other proprietors, who may be affected by his operations, no proprietor...
Page 421 - The plaintiff, after the delivery of a plea of payment of money into court, shall be at liberty to reply to the same, by accepting the sum so paid into court in full satisfaction and discharge of the cause of action in respect of which it has been paid in, and he shall be at liberty in that case to tax his costs of suit, and in case of nonpayment thereof within forty-eight hours to sign judgment for his costs of suit so taxed ; or the plaintiff may reply, " that he has sustained " damages [or that...
Page 261 - That every Action hereafter to be brought against any Justice of the Peace in Ireland in any of Her Majesty's Superior Courts of Law at Dublin for any Act done by him in the Execution of his Duty as such Justice, with respect to any Matter within his Jurisdiction as such Justice...
Page 204 - 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.