The Practice of the Courts of King's Bench and Common Pleas in Personal Actions, Volume 2J. Butterworth and Son, and W. Reed, 1817 |
Common terms and phrases
action of debt affidavit afterwards alledged amend Append arbitrator assigned assizes assumpsit award bankrupt Barnes bill Blac brought Campb capias ad satisfaciendum Carth cause certified certiorari Chap clerk common law Common Pleas costs court of Common court of King's damages declaration default defendant in error defendant's delivered demurrer Durnf East elegit Eliz entered entitled error coram nobis executor or administrator fendant fieri facias final judgment Gilb given holden issue judge jury King's Bench lands levied Marsh Maule & Sel ment motion nisi prius nolle prosequi nonsuit notice of trial party person plaintiff in error pleaded proceedings prothonotaries Raym recognizance record recovered replevin replication roll rule of court Salk Saund scire facias sheriff shew statute sued suit taken Taunt term thereon tiel trespass verdict Wils writ of error
Popular passages
Page 1054 - no goods or chattels whatsoever, lying or being in or upon any messuage, lands or tenements, which are or shall be leased for life or lives, term of years, at will, or otherwise, shall be liable to be taken by virtue of any execution, on any pretence whatsoever, unless the party, at whose suit the said execution is sued out, shall before the removal of such goods from off the said premises, by virtue of such execution...
Page 885 - That any Arbitration or Umpirage procured by Corruption, or undue means, shall be judged and esteemed void and of none effect, and accordingly be set aside by any Court of Law or Equity, so as Complaint of such Corruption or undue Practice be made in the Court where the Rule is made for Submission to such Arbitration or Umpirage, before the last Day of the next Term after such Arbitration or Umpirage made and published to the Parties ; any thing in this Act contained to the contrary notwithstanding.
Page 980 - Issue joined in such Action on the Case should or might have been tried ; and in Case a Verdict shall be found for the Person or Persons suing such Writ, or Judgment given for him or them upon a Demurrer, or by Nil dicit, or for Want of a Replication or other Pleading, he or they shall recover his or their Damages and Costs, in such manner as he or they might have done in such Action on the Case as aforesaid...
Page 960 - And if there be two or more plaintiffs or defendants, and one or more of them shall die, if the cause of action shall survive to the surviving plaintiff or plaintiffs, or against the surviving defendant or defendants, the writ or action shall not be thereby abated: but such death being suggested upon the record, the action shall proceed at the suit of the surviving plaintiff or plaintiffs against the surviving defendant or defendants.
Page 866 - ... and reading and filing the said affidavit in " court, be entered of record in such court, and a rule " shall thereupon be made by the said court, that the " parties shall submit to, and finally be concluded by " the arbitration or umpirage...
Page 1054 - ... arrears of rent do not amount to more than one year's rent; and, in case the said arrears shall exceed one year's rent, then the said party, at whose suit such execution...
Page 742 - Recordum; but the Court shall give Judgment according to the very Right of the Cause, as aforesaid, without regarding any such Imperfections, Omissions and Defects, or any other Matter of like Nature, except the same shall be specially and particularly set down and shewn for Cause of Demurrer.
Page 914 - ... such justice shall prove, at the trial, that such plaintiff was guilty of the offence, whereof he had been convicted, or on account of which he had been apprehended, or had otherwise suffered, and that he had undergone no greater punishment than was assigned by law to such offence.
Page 741 - That from henceforth, after Demurrer joined and entred in any Action or Suit in any Court of Record within this Realm, the Judges shall proceed and give Judgment according as the very Right of the Cause and Matter in Law shall appear unto them, without regarding any Imperfection, Defect or Want of Form...
Page 865 - Lord one thousand six hundred and ninety-eight, it shall and may be lawful for all merchants and traders, and others desiring to end any controversy, suit or quarrel, controversies, suits or quarrels (for which there is no other remedy but by personal action or suit in equity...