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Cases on Common Law Pleading: Selected from Decisions of English and ...
Clarke Butler Whittier
No preview available - 2015
Accord action of debt aforesaid agreement alleged amount appears appellant appellee assigned averment avowry award Blackf bond breach brought cause of action charge chattels Chitty circuit court cited claim common counts common law confession and avoidance consideration contract covenant damages declaration defendant defendant's demurrer ejectment error evidence fendant ground guilty hath held indebitatus assumpsit injury issue Johns judgment jury Justice land laration libel maintain Mass matter ment N. J. Law negligence nil debet nonsuit opinion omitted overruled paid party payment performance person plain plaintiff plaintiff in error possession promise proof prove question Railroad recover recovery replevin replication rule Saund second count semble Smith sold special plea statute statute of limitations sufficient suit Supreme Court sustained term thereof tiel tiff tion trespass trial trover verdict Wend words writ
Page 585 - January, eighteen hundred and ninety-eight, it shall be unlawful for any such common carrier to haul or permit to be hauled or used on its line any car used in moving interstate traffic not equipped with couplers coupling automatically by impact, and which can be uncoupled without the necessity of men going between the ends of the cars.
Page 208 - From the variety of cases relative to judgments being given in evidence in civil suits, these two deductions seem to follow as generally true: first, that the judgment of a court of concurrent jurisdiction, directly upon the point, is as a plea, a bar, or as evidence, conclusive, between the same parties, upon the same matter, directly in question in another court...
Page 9 - Alexander now moved for a rule to shew cause why a new trial should not be had, on the ground of misdirection.
Page 515 - The Defendant falsely and maliciously spoke and published of and concerning the Plaintiff the words following ; "AB is a thief, and stole Mr.
Page 586 - That any employee of any such common carrier who may be injured by any locomotive, car, or train In use contrary to the provision of this act shall not be deemed thereby to have assumed the risk thereby occasioned, although continuing In the employment of such carrier after the unlawful use of such locomotive, car. or train had been brought to his knowledge.
Page 384 - Whereby, and by reason of the non-payment thereof, an action hath accrued to the said plaintiff to demand and have of and from the said defendant the said sum of £500, above demanded. Yet the said defendant, although often requested...
Page 98 - ... that by and through the carelessness, negligence, and improper conduct of the said defendant by its agents and servants, the engine and train so being propelled and driven as aforesaid ran against plaintiff with great force and violence," knocking him down and injuring him as before stated.
Page 266 - It is further mutually agreed between the parties hereto that no certificate given or payment made under this contract, except the final certificate or final payment, shall be conclusive evidence of the performance of this contract, either wholly or in part, and that no [>:iyment shall be construed to be an acceptance of defective work or improper materials.