A Digest of the Law of Actions and Trials at Nisi Prius, Volume 1

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Thomas & Thomas, and Thomas & Andrews, & I. Riley, 1808 - Actions and defenses
 

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Page 138 - ... had and received by the defendant to the use of the plaintiff...
Page 382 - Act incorporated therewith, shall be deemed unlawful, nor shall any party making the same be deemed a trespasser, on account of any defect or want of form in the summons, conviction, warrant of distress, or other proceeding relating thereto, nor shall such party be deemed a trespasser ab initio...
Page 382 - Party making the same be deemed a Trespasser, on account of any Defect or Want of Form in the Summons, Conviction, Warrant of Distress, or other Proceeding relating thereto, nor shall such Party be deemed a Trespasser ab initio...
Page 110 - And in an action at law (r), the rule was said to be, that i primd facie the repairer of a ship has his election to sue the master who employs him or the owners ; but if he undertakes it on a special promise from either, the other is discharged.
Page 282 - But this rule admits of some diversities : as, first, if a day be appointed for the payment of the money, and the day is to happen before the thing can be performed, an action may be brought for the money, before the thing be done...
Page 282 - There are covenants which are conditions and dependent, in which the performance of one depends on the prior performance of another, and therefore, till this prior condition is performed, the other party is not liable to an action on his covenant.
Page 197 - By the words of the condition the administrator is to administer well and truly; that shall be construed in bringing in his account, and not in paying the debts of the intestate ; and therefore a creditor shall not take an assignment of the bond and sue it, and assign for breach the non-payment of a debt to him, or a devastavit committed by the administrator, for that would be needless and infinite.
Page 109 - ... warrant him, still the master would be liable on the warranty, because the servant was acting within the general scope of his authority, and the public cannot be supposed to be cognizant of any private conversation between the master and servant...
Page 418 - Action may plead the General Issue and give the special Matter in Evidence...
Page 178 - All things in action, judgments, mortgages, conveyances, and every other security whatsoever, given or executed, by any person, where the whole or any part of the consideration of the same shall be for any money or other valuable thing won...

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