Reports of Cases Argued and Determined in the Queen's Bench Practice Court: With Points of Practice and Pleading Decided in the Courts of Common Pleas and Exchequer ... 1850-1851, Volume 1

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Sweet; Maxwell; and Stevens & Norton, 1852 - Law reports, digests, etc
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Page 619 - ... otherwise ; and notice in writing of such action, and of the cause thereof, shall be given to the defendant one calendar month at least before the commencement of the action...
Page 71 - 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 222 - ... 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. In an action on the case for obstructing a right of way such plea will operate as a denial of the obstruction only, and not of the plaintiff's right of way...
Page 474 - ... mentioned in such submission, or by leave of a judge ; and the arbitrator or umpire shall and may and is hereby required to proceed with the reference notwithstanding any such revocation, and to make such award, although the person making such revocation shall not afterwards attend the reference ; and that the court, or any judge thereof, may from time to time enlarge the term for any such arbitrator making his award.
Page 676 - ... case, where the defendant shall appear and shall not admit the demand, to award to the defendant, by way of costs and satisfaction for his trouble and attendance, such sum as the judge in his...
Page 657 - ... shall be sued out; and may and shall pay or deliver to the party suing out such execution any money or bank notes which shall be so seized, or a sufficient part thereof...
Page 445 - If the precise words used are plain and unambiguous, in our judgment we are bound to construe them in their ordinary sense, even though it do lead, in our view of the case, to an absurdity or manifest injustice.
Page 9 - A rule having been obtained calling on the plaintiff to shew cause why the verdict should not be set aside, and a new trial had...
Page 643 - Viet. c. 109, s. 18, it is enacted, "that all contracts or agreements, whether by parol or in writing, by way of gaming or wagering, shall be null and void, and that no suit shall be brought or maintained in any Court of law or equity, for recovering any sum of money or valuable thing, alleged to be won, upon any wager, or which shall have been deposited in the hands of any person to abide the event on which any wager shall have been made.
Page 552 - Action may plead the General Issue and give the special Matter in Evidence...

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