The Practice of the Courts of King's Bench and Common Pleas, in Personal Actions, and Ejectment: To which are Added, the Law and Practice of Extents, and the Rules of Court, and Modern Decisions, in the Exchequer of Pleas, Volume 1R.H. Small, 1856 - 1550 pages |
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Common terms and phrases
affidavit aforesaid annuity appear Append arrested Articles of Clerkship assignment assumpsit attachment bail bond bankrupt Barn bill Bing Blac brought capias cause of action certiorari Chap Chit clerk commenced common bail Common Pleas costs court of Common court of King's creditor Cres custody damages debt declaration defendant defendant's delivered detinue discharge Dowl Durnf East entered entitled Exchequer execution facias filed Fleet prison Gilb given habeas corpus holden insolvent issue judge justice King's Bench King's Bench prison latitat liable Marsh Maule & Sel Moore motion notice original writ outlawry party payment person plaintiff plead prisoner proceedings prothonotaries Raym replevin rule Salk Saund scire facias sheriff solicitor special bail stat statute sued suit Taunt term thereof trial venue warrant of attorney Wils writ of inquiry
Popular passages
Page 7 - An act requiring compensation for causing death by wrongful act, neglect, or default. Passed March 25, 1851. Sect. 1. Damages recoverable for causing death. Be it enacted, &c., That whenever the death of a person shall be caused by wrongful act, neglect, or default; and the act, neglect or default is such as would (if death had not ensued) have entitled the party injured to maintain an action and recover damages, in respect thereof...
Page 3 - Every such action shall be for the benefit of the wife, husband, parent, and child, of the person whose death shall have been so caused...
Page 6 - ... provided by law in relation to the distribution of personal property left by persons dying intestate...
Page 417 - Where two parties have made a contract which one of them has broken, the damages which the other party ought to receive in respect of such breach of contract should be such as may fairly and reasonably be considered either arising naturally, ie, according to the usual course of things, from such breach of contract itself, or such as may reasonably be supposed to have been in the contemplation of both parties, at the time they made the contract, as the probable result of the breach of it.
Page 618 - That no action shall be maintained whereby to charge any person upon any promise made, after full age, to pay any debt contracted during infancy, or upon any ratification, after full age...
Page 5 - ... then and in every such case, the person who would have been liable, if death had not ensued, shall be liable to an action for damages, notwithstanding the death of the person injured, and although the death shall have been caused under such circumstances as amount in law to felony.
Page 3 - Parliament assembled, and by the authority of the same, that whensoever the death of a person shall be caused by wrongful act, neglect, or default, and the act, neglect, or default is such as would (if death had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof...
Page 14 - ... actions for penalties, damages, or sums of money given to the party grieved, by any statute now or hereafter to be in force...
Page 7 - That every such action shall be brought by and in the names of the personal representatives of such deceased person, and the amount recovered in every such action shall be for the exclusive benefit of the widow and next of kin of such deceased person...
Page 14 - 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, whereby to take any case out of the operation of the...