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action alleged Allen ante appear assignee assumpsit averment Bank bill Bing breach brought Brown Campb cause Clark committed common Conn consideration considered contract conversion count court covenant damages Davis debt declaration deed defendant deliver demand Dowl East ejectment evidence execution executor express facts give given Gray held Hill husband injury instances interest John joined joint Jones judgment King land liable lies Lord Maine maintain Mass matter Moore nature necessary notice owner particular party performance person Pick plaintiff plea pleading possession promise proper proved received recover refusal remedy rent replevin respect rule Saund Smith statute sued sufficient suit supported sustainable taken taking Taunt tenant term tion tort trespass trover unless Wend wife Wils Wilson writ
Seite 467 - In one word, the gist of this kind of action is, that the defendant, upon the circumstances of the case, is obliged by the ties of natural justice and equity to refund the money.
Seite 430 - In pleading the performance of a condition precedent in a contract, it is not necessary to state the facts constituting performance ; but the party may state, generally, that he, or the person whom he represents, duly performed all the conditions on his part.
Seite 420 - ... as if no such variance had appeared; and in case such trial shall be had at nisi prius...
Seite 420 - Indictment or information for any misdemeanor, when any variance shall appear between any matter in writing or in print produced in evidence, and the recital or setting forth thereof upon the record whereon the trial is pending to be forthwith amended in such particular by some officer of the court, on payment of such costs (if any) to the other party as such court or judge shall think reasonable...
Seite 475 - ... certain time or otherwise, the jury on the trial of any issue, or on any inquisition of damages, may, if they shall think fit, allow interest to the creditor at a rate not exceeding the current rate of interest from the time when such debts or sums certain were payable, if such debts or sums be payable by virtue of some written instrument at a certain time...
Seite 311 - one of the first principles of pleading, that there is only occasion to state facts, which must be done for the purpose of informing the court, whose duty it is to declare the law arising upon those facts, and of apprising the opposite party of what is meant to be proved, in order to give him an opportunity to answer or traverse it.
Seite 476 - That if any person shall sue out any •writ of error, upon any judgment whatsoever, given in any Court in any action personal, and the Court of error shall give judgment for the defendant thereon, then interest shall be allowed by the Court of error for such time as execution has been delayed by such writ of error, for the delaying thereof.
Seite 144 - By that statute it was provided that ' whensoever from henceforth it shall fortune in the Chancery that in one case a writ is found, and in like case falling under like law and requiring like remedy is found none, the clerks of the Chancery shall agree in making the writ...
Seite 410 - Where the variance Is not material, as provided in the last section, the Court may direct the fact to be found according to the evidence, or may order an immediate amendment, without costs.
Seite 606 - ... shall, without having proceeded to trial on an issue thereon, commence another action against the defendant or defendants in the action in which such plea in abatement shall have been pleaded, and the person or persons named in such plea in abatement as joint contractors, or shall amend by adding the omitted defendant or defendants, the commencement of the declaration shall be in the following form, or to the like effect: [Venue.] AB by EF, his attorney [or