An abridgement of the law of nisi prius, Volume 2 (Google eBook)

Front Cover
P. H. Nicklin & T. Johnson, 1838 - History
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Contents

Debt for double rent
729
Debt on bond
730
The declaration
760
The pleadings 767
766
Debt on bail bond
770
Xin The declaration 777
776
The pleadings
779
CHAPTER IX
781
CHAPTER X
785
Who may distrain
787
How a distress may be avoided
792
What may and what may not be distrained
794
In what place a distress should be made
801
In case of a fraudulent removal
803
At what time a distress may be taken
805
How a distress should be made
807
How a distress should be disposed of
809
Second distress
813
Rescous or pound breach
814
Remedy for a wrongful distress
815
SEC PAGS I Of the nature of an action of ejectment
819
For what things an ejectment will lie 823
822
Of the title necessary to support ejectment 882
836
Who may bring ejectment
840
In what cases an actual entry must be made before ejectment
852
Notice to quit
857
The declaration
878
Service of the declaration
885
Of the affidavit of service
898
Judgment by default
902
Appearance of the defendant and proceedings thereupon
904
When the court will stay the proceedings 911
918
Of the evidence
922
Of the trial judgment and execution
942
Costs
946
Writ of error
948
Trespass for mesne profits
949
CHAPTER XII
955
Of an executor de son tort
957
HI Administrators
962
Administration cum testamenio annexe
963
Administration de bonis non
964
Of bona notabilia 968
969
Of the interest which an executor or administrator takes in the es tate of the deceased
972
Of the disposition of the estate of the deceased
975
Of the liability of an executor or administrator in respect of the acts of the deceased
984
Of the liability of an executor or administrator in respect of his own acts
987
Actions by executors and administrators
997
Actions against executors or administrators
1002
Admission of assets Devastavit
1007
Costs
1009
Judgment
1011
Administration bond
1012
CHAPTER XIII
1015
SEC wpa II Sections 1 and 2 Leases ioig
1016
Section 3 Assignment or surrender oftitle
1018
Section 4
1021
Promise by an executor to pay the debt of the testator
1022
Statement of the consideration
1030
Agreements in consideration of marriage
1038
Agreements not to be performed within a year
1044
Memorandum or note in writing
1045
Agent
1050
What contracts for the sale of goods are within these enactments
1051
Delivery and acceptance
1053
Earnest
1059
Agent
1062
Pleadings
1065
CHAPTER XIV
1067
eontract
1077
CHAPTER XV
1082
Of the liability of the husband in respect of the contracts of his wife
1089
When a married woman is considered as a feme sole
1100
Wifes privileges from arrest
1105
Actions by husband and wife
1107
V II Actions against husband and wife
1119
Deeds of separation
1121
CHAPTER XVI
1125
What may be insured
1128
Of the interest of the insured Wager policies
1133
IJeinsurance Double insurance
1138
Of the form and requisites of a policy of insurance
1139
Valued and open policies
1151
Of loss by the perils insured against
1154
Total loss and abandonment
1164
Stranding
1173
Bottomry arid respondentia
1214
Action on the policy 1217
1216
Consolidation rule
1221
Evidence
1223
Insurance upon lives
1228
Insurance against fire
1233
CHAPTER XVII
1240
To what cases the statute extends
1241
When the statute begins to run
1242
Avoiding the statute by issuing process
1250
What acknowledgment will obviate the statute
1253
G IV c 14 Lord Tenterdens Act
1256
What promise will avoid the 9 Geo IV c 14
1257
Part payment on account
1265
Payment by one of several joint debtors
1266
What amounts to payment
1270
The pleadings
1272
Evidence
1275
Limitation of actions in respect of realties 1274
1279
Limitation of actions upon specialties
1283
CHAPTER XVIII
1287
When an action on the case will lie for a malicious arrest
1289
Malice and want of probable cause
1290
Determination of the original suit
1293
The declaration and pleadings
1294
Evidence
1297
CHAPTER XIX
1304
Speedy execution
1321
CHAPTER XX
1323
By and against whom replevin may be maintained
1324
Mode of proceeding in replevin
1325
The declaration
1328
Avowries and cognizances
1331
Subsequent pleadings 1335
1334
Evidence
1337
Judgment
1339
Costs Practice
1341
Writs of recaption and second deliverance
1343
Proceedings agains the sheriff for taking insufficient pledges
1347
CHAPTER XXI
1350
Words spoken in respect of office profession c
1355
Special damage
1357
Slander of title
1359
Seandalum magnaium
1362
Privileged communications
1363
Privileged publications
1371
Disclosing the name of the author of the slander 1376
1375
The declaration
1377
The pleadings
1389
Evidence
1393
Costs
1400
CHAPTER XXII
1401
ni Trespass for assault and battery
1409
SEC not IV The declaration
1412
Replication
1416
New assignment
1420
Damages
1430
Trespass for false imprisonment
1431
Trespass to real property
1438
The declaration 1446
1445
Pleadings
1447
Crim con
1454
Trespass for seduction
1462
CHAPTER XXIII
1465
Absolute property and right of possession
1467
Special property
1474
Possession alone when sufficient
1476
Conversion
1477
Demand and refusal
1482
Parties to this action
1487
The declaration
1490
The pleadings
1492
Lien
1495
Evidence and damages
1499
CHAPTER XXIV
1503
CHAPTER XXV
1511
Who may make a will what property will pass thereby
1513
Signing and attestation
1514
Witnesses
1518
Revocation
1522
Proof of a will
1529
The 7 W IV 1 Vic c 26
1532
Appendix
1542
Appendix by the American Editor
1546
Index
1561

Common terms and phrases

Popular passages

Page 1050 - That no contract for the sale of any goods, wares, and merchandise, for the price of ten pounds sterling or upwards, shall be allowed to be good, except the buyer shall accept part of the goods so sold, and actually receive the same...
Page 1021 - ... any contract or sale of lands, tenements, or hereditaments, or any interest in or concerning them ; or upon any agreement that is not to be performed within the space of one year from the making thereof ; 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 1535 - ... it shall go to the executor or administrator of the party that had the estate thereof by virtue of the grant...
Page 1277 - ... then such right shall be deemed to have first accrued at the time at which such estate or interest became an estate or interest in possession...
Page 1279 - ... to make an entry or distress or bring an action to recover such land or rent, shall be deemed to have first accrued...
Page 1522 - And moreover, no devise in writing of land, tenements or hereditaments, nor any clause thereof, shall at any time after the said four and twentieth day of June be revocable, otherwise than by some other will or codicil in writing or other writing declaring the same, or by burning, cancelling, tearing or obliterating the same by the testator himself, or in his presence and by his directions and consent...
Page 1153 - ... to be understood in their plain, ordinary, and popular sense, unless they have generally, in respect to the subjectmatter, (as, by the known usage of trade or the like,) acquired a peculiar sense distinct from the popular sense of the same words ; or unless the context evidently points out that they must, in the particular instance and in order to effectuate the immediate intention of the parties to that contract, be understood in some other special and peculiar sense.
Page 1512 - That no will shall be valid unless it shall be in writing and executed in manner hereinafter mentioned ; (that is to say), it shall be signed at the foot or end thereof by the testator, or by some other person in his presence and by his direction ; and such signature shall be made or acknowledged by the testator in the presence of two or more witnesses present at the same time, and such witnesses shall attest and shall subscribe the will in the presence of the testator, but no form of attestation...
Page 1050 - ... be actually made, procured, or provided, or fit or ready for delivery, or some act may be requisite for the making or completing thereof, or rendering the same fit for delivery...
Page 1284 - Actions for Penalties, Damages, or Sums of Money given to the Party grieved by any Statute now or hereafter to be in force...

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