A Treatise on Pleading, and Parties to Actions: With Second and Third Volumes, Containing Precedents of Pleadings, and an Appendix of Forms Adapted to the Recent Pleading and Other Rules, with Practical Notes

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Seite 343 - That upon all debts or sums certain payable at a 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 certain be payable by virtue of some written instrument at a certain time...
Seite 555 - ... due on either side on the balance of such account and no more, shall be claimed or paid on either side respectively...
Seite 91 - 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 66 - ... in his lifetime to another, in respect of his property, real or personal, so as such injury shall have been committed within six calendar months before such person's death, and so as such action shall be brought within six calendar months after such executors or administrators shall have taken upon themselves the administration of the estate and effects of such person...
Seite 552 - that where there are mutual debts between the plaintiff and defendant, or if either party sue or be sued as executor or administrator, where there are mutual debts between the testator or intestate and either party, one debt may be set against the other...
Seite 537 - ... ought not to have or maintain his aforesaid action against the defendant...
Seite 257 - Middlesex, or any other county." From these observations it appears that the points as to venues may be considered practically, with reference, 1st. To where, or in what county, the venue is to be laid ; 2dly, How, and in what parts of the declaration, it is to be stated : and Bdly, The consequences of mistake and when they are aided.
Seite 437 - That, in all actions upon bills of exchange or promissory notes, or other written instruments, any of the parties to which are designated by the initial letter or letters...
Seite 129 - But •where from a given state of facts the law raises a legal obligation to do a particular act, and there is a breach of that obligation, and a consequential damage...
Seite 520 - ... an act for the relief of debtors, with respect to the imprisonment of their persons.