Digest of the Practice of the Exchequer of Pleas in Ireland: To which is Added, a Comparative View of the Acts of Parliament, Rules of Court, and Judicial Decisions Relating to Personal Actions in the Superior Courts at Westminster, According to the Latest Authorities, Volume 1, Part 1

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H. Butterworth, 1823 - Civil procedure - 396 pages
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Page 108 - Carroll, then being a poor child under the age of twenty-one years, to wit, of the age of fifteen years...
Page 116 - HERETOFORE, when a writ issued out of the King's Bench, it was entered upon a roll ; so that though the officer had not returned the writ, yet the defendant might have appeared at the day given by the roll ; and that either to save himself from corporal pain by imprisonment, or to prevent the loss of issues, or to save his freehold or inheritance.(aa) And so it was in the Common Pleas ; where they entered the writ upon a roll, by way of recital, viz.
Page 10 - Trinity term, actions of account shall and may be brought and maintained against the executors and administrators of every guardian, bailiff, and receiver; and also by one joint tenant, and tenant in common, his executors and administrators, against the other, as bailiff for receiving more than comes to his just share or proportion, and against the executor and administrator of such joint tenant, or tenant in common...
Page 31 - ... not to the action of the writ, the plaintiff may enter a nolle prosequi as to him, and proceed against the others ; for with respect to the bankruptcy, the statute [ * 76 ] of 10 Ann, c.
Page 12 - Debt is not sustainable for the arrears of an annuity or yearly rent devised, payable out of the lands to A. during the life of B., to whom the lands are devised for life, B. paying the same thereout, so long as the estate of freehold continues...
Page 18 - The action may be maintained either in the name of the person with whom the contract was actually made, or in the name of the parties really interested.
Page 30 - ... but where the plaintiffs sued " as assignees of A. and B. and also as assignees of C.
Page 79 - You are served with .this process, to the intent that you may...
Page 9 - Mixed actions are suits partaking of the nature of the other two, wherein some real property is demanded, and also personal damages for a wrong sustained.
Page 11 - Here, therefore, the giving up of a suit, instituted to try a question respecting which the law is doubtful, is a good consideration to support a promise. I think, therefore, that this action is sustainable. BEST, J., concurred.

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