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acceptor act of bankruptcy action admissible admitted agent agreement alleged amount assignees assumpsit attorney B.Sf bankrupt barratry bill of exchange Bing Camp claim contract court covenant creditor damages debt declaration deed defendant pleaded defendant's delivered demise dence drawer East ejectment entitled entry execution executor fact fendant fraud given in evidence handwriting held Ibid indorsed interest issue judgment jury land landlord lease lessor liable libel Lord Ellenborough Lord Kenyon Lord Tenterden manor marriage matter ment Nisi Prius non est factum nonsuit notice to produce officer owner paid parol evidence party payable payment plaintiff plea possession presumption promise promissory note proof prove receipt record recover rent replevin rule seisin Sf Rob sheriff shew Smith sold stamp Stark statute Statute of Frauds sued sufficient supra Taunt tenant testator trespass trial trover unless variance verdict voire dire warrant writ
Page 191 - That no action shall be brought whereby to charge any person upon any agreement made upon consideration of marriage, or upon any contract or sale of lands, tenements, or hereditaments, or any interest in or concerning them, unless the agreement upon which. such action shall be brought, or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith, or some other person thereunto by him lawfully authorized,
Page 447 - ... the right to make such entry or distress, or to bring such action, shall have first accrued to the person making or bringing the same.
Page 306 - In every species of assumpsit, all matters in confession and avoidance, including not only those by way of discharge, but those which show the transaction to be either void or voidable in point of law, on the ground of fraud or otherwise, shall be specially pleaded.
Page 447 - ... when the person claiming such land or rent, or some person through whom he claims, shall, in respect of the estate or interest claimed, have been in possession or in receipt of the profits of such land, or in the receipt of such rent...
Page 69 - ... 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...
Page 632 - In an action on the case for a nuisance to the occupation of a house, by carrying on an offensive trade, the pica of not guilty will operate as a denial, only that the defendant carried on the alleged trade in such a way as to be a nuisance to the occupation of the house ; and will not operate as a denial of the plaintiff's occupation of the house.
Page 317 - Acts or this Act, as to One or more of such Joint Contractors, or Executors or Administrators, shall nevertheless be entitled to recover against any other or others of the Defendants, by virtue of a new Acknowledgment or Promise, or otherwise, Judgment may be given and Costs allowed for the Plaintiff as to such Defendant or Defendants against whom he shall recover, and for the other Defendant or Defendants against the Plaintiff.
Page 359 - I believe quite correctly, that "the rule of law is laid down with perfect correctness in the case of Butterfield v. Forrester, that, although there may have been negligence on the part of the plaintiff, yet unless he might, by the exercise of ordinary care, have avoided the consequences of the defendant's negligence, he is entitled to recover; if by ordinary care he might have avoided them, he is the author of his own wrong.