A Practical and Elementary Abridgment of the Cases Argued and Determined in the Courts of King's Bench, Common Pleas, Exchequer, and at Nisi Prius: And of the Rules of Court, from the Restoration in 1660, to Michaelmas Term, 4 Geo. IV. With Important Manuscript Cases, Alphabetically, Chronologically, and Systematically Arranged and Translated; with Copius Notes and References to the Year Books, Analogous Adjudications, Text Writers, and Statutes, Specifying what Decisions Have Been Affirmed, Recognised, Qualified, Or Over-ruled; Comprising ... a Practical Treatise on the Different Branches of the Common Law, Svazek 2
W.H.R. Treadway and Gould & Banks, 1830
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action admitted affidavit agent agreed agreement alleged allowed amount appeared application apprentice Arbitration arrest assault assigned Assumpsit attachment attorney authority averred award bail bill bond bound breach brought cause charged clerk common condition consideration contended contract costs count Court covenant damages debt defendant delivered demand difference directed discharged duty East Eliz entered entitled evidence execution fact give given granted ground held indenture indictment intent issue judge judgment jury justices Lord master ment motion necessary notice objection obtained officer opinion paid parish party payment perform person plaintiff plea pleaded present prisoner privilege proceedings promise proved question Raym reason received recover reference refused respect rule Salk served statute submission sued sufficient suit taken Taunt term tion trade trial verdict void warrant writ
Strana 483 - That no contract for the sale of any goods, wares, and merchandise, for the price of ten pounds sterling or upwards, shall be allowed to be good, except the buyer shall accept part of the goods so sold, and actually receive the same, or give something in earnest to bind the bargain, or in part payment, or that some note or memorandum in writing of the said bargain be made and signed by the parties to be charged by such contract, or their agents thereunto lawfully authorized.
Strana 482 - The auctioneer is the agent of the vendor, and the assent of both parties is necessary to make the contract binding ; that is signified on the part of the seller, by knocking down the hammer, which was not done here till the defendant had retracted. An auction is not unaptly called locus pcenitentice.
Strana 191 - All crimes not capital, and all disorders and neglects, which officers and soldiers may be guilty of. to the prejudice of good order and military discipline, though not mentioned in the foregoing Articles of War. are to be taken cognizance of by a general, or a regimental, garrison, or field officers' ' court-martial, according to the nature and degree of the offense, and punished at the discretion of such court.8 ART.
Strana 358 - ... and is hereby made incapable to maintain or prosecute any action or suit in any Court of Law or Equity for any fee, reward, or disbursement on account of prosecuting, carrying on, or defending any such action, suit, or proceeding...
Strana 442 - Lord High Chancellor, or the Master of the Rolls, or unto any of the courts aforesaid, or unto a judge or baron of any of the said courts respectively in which the business contained in such bill, or the greatest part thereof in amount or value, shall have been transacted...
Strana 472 - Tweed, shall be absolutely null and void to all Intents and Purposes whatsoever; and the Possession of their respective Landlord or Landlords, Lessor or Lessors...
Strana 228 - ... would be fatal; for it would leave the family within, naked and exposed to thieves and robbers. It is much better therefore, says the law, that you should wait for another opportunity, than do an act of violence, which may probably be attended with such dangerous consequences. But as this is a maxim of law in respect of political justice, and makes no part of the privilege of a debtor himself, it is to be taken strictly, and not to be extended by any equitable analogous interpretation.
Strana 401 - Garr, his attorney, and says, that in the record and proceedings aforesaid, and also in giving the judgment aforesaid, there is manifest error in this, to wit, that he, the said Charles A.
Strana 79 - Record, which the parties shall choose, and to insert such their agreement in their submission, or the condition of the bond or promise, whereby they oblige themselves respectively to submit to the award or umpirage of any person or persons, which agreement being so made and inserted in their submission, or promise, or condition of their respective bonds, shall or may, upon producing an affidavit thereof made by the witnesses thereunto, or any one of them, in the Court of which the same is agreed...