The Common Law Procedure Acts of 1852 & 1854, with Notes Containing All the Cases Either Already Expressly Decided on Or Tending to Elucidate Them (Google eBook)

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V. & R. Stevens and G. S. Norton, 1855 - Civil procedure - 604 pages
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Page 154 - 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 491 - 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 be payable by virtue of some written instrument at a certain time...
Page 371 - A witness may be cross-examined as to previous statements made by him in writing, or reduced into writing, relative to the subject-matter of the cause without such writing being shown to him ; but if it is intended to contradict such witness by the writing, his attention must, before such contradictory proof can be given, be called to those parts of the writing which are to be used for the purpose of so contradicting him...
Page 356 - If, on such a reference, one party fails to appoint an arbitrator, either originally or by way of substitution as aforesaid, for seven clear days after the other party...
Page 372 - Conviction; 15 c. 125. s. 25. and a Certificate containing the Substance and Effect only (omitting the formal Part) of the Indictment and Conviction for such Offence, purporting to be signed by the Clerk of the Court or other Officer...
Page 506 - Person now or hereafter having by Law or by Consent of Parties Authority to hear, receive, and examine Evidence...
Page 199 - The first count of the declaration, upon which alone the question arises, stated that, in consideration that the plaintiff, at the request of the defendant, had bought of the defendant a horse for the sum of 30, the defendant promised that it was sound and free from vice.
Page 501 - ... but that every person so offered may and shall be admitted to give evidence on oath, or solemn affirmation, in those cases wherein affirmation is by law receivable; notwithstanding that such person may or shall have an interest in the matter in question, or in the event of the trial of any issue, matter, question, or injury, or of the suit, action, or proceeding in which he is offered as a witness, and notwithstanding that such person offered as a witness may have been previously convicted of...
Page 507 - ... on the trial of any issue joined or of any matter or question, or on any inquiry arising in any suit, action, or...
Page 513 - II. In Covenant and Debt. 1. In debt on specialty or covenant, the plea of non est factum shall operate as 'a denial of the execution of the deed in point of fact only, and all other defences shall be specially pleaded, including matters which make the deed absolutely void, as well as those which make it voidable.

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