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act of Parliament advowson affidavit afterwards annuity appear arrest assignment assumpsit attorney bail bankrupt Barnes bill Blackstone bond brought Burr cited commissioners common common law copyhold costs count Court covenant damages Davy debt declaration defendant defendant's delivered demise demurrer devise discharged East ejectment Eliz estate tail evidence execution executor feme covert fendant fieri facias Glyn Gould granted Grey Grose habeas corpus heirs held Hilary Term husband issue Judges judgment jury Justice King's Bench lands latitat lease lessor liable Lord Lord Mansfield ment moved Nares nonsuit officer opinion paid party payment person plaintiff plea pleaded premisses present proved question Raym recover remainder rule Salk Saund sect seisin sheriff shew cause shewed for cause statute Stra sued sufficient Taunt tenant Term testator tion trespass trial verdict Walker warrant wife words writ writ of right
Page 1131 - the party plaintiff, his heirs, executors or administrators, as the case shall require, may commence a new action or suit from time to time, within a year after such judgment reversed or such judg,ment given against the plaintiff', or outlawry reversed, and not after.
Page 1078 - think the verdict wrong in point of law. Upon a contract for a purchase, if the title proves bad, and the vendor is (without fraud) incapable of making a good one, I do not think that the purchaser can be entitled to any damages for the fancied goodness of the bargain, which he supposes he has
Page 1075 - because both plaintiff and defendant are equally criminal. But where contracts or transactions are prohibited by positive statutes, for the sake of protecting one set of men from another set of men; the one from their situation and condition being liable to be oppressed or imposed upon by the other; there the parties are not in pari
Page 825 - the rule has always been, that if a man has actually paid what the law would not have compelled him to pay, but what in equity and conscience he ought, he cannot recover it back again in an action for money had and received.
Page 1276 - and from the islands, ports, havens, cities, creeks, towns, and places of Asia, Africa, and America, or any of them beyond the Cape of Bona Esperanza to the Streights of Magellan, where any trade or traffick of merchandize
Page 1250 - matters in writing made by advice and upon consideration, and which finally import the certain truth of the agreement of the parties, should be controlled by averment of the parties to be proved by the uncertain testimony of slippery memory ; and it
Page 830 - the principal consideration is, whether it be precisely the same cause of action in both, appearing by proper averments in a plea; or by proper facts stated in a special verdict, or a special case. One great criterion of this identity is, that the same evidence will maintain both the actions
Page 777 - A., for life; remainder to trustees to preserve contingent remainders; remainder to the children of A. and B. and their heirs for ever, to be divided
Page 825 - But the proposition is not universal, that whenever a man pays money which he is not bound to pay, he may by this action recover it back. Money due in point of honour or conscience, though a man is not compellable to pay it, yet *if paid, shall not be recovered back: as a bond