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abatement action administrator afterwards aided alleged allowed appear assigned assumpsit attorney averment award bail Barnes bond breach brought cause common condition cont costs count court covenant damages debt declaration deed default defendant pleads delivered demand demurrer discharge ejectment entered error evidence execution executor fact give given granted guilty heir husband Ibid issue Johns joined judge judgment jury justifies land lease Mass matter necessary notice original otherwise paid party payment performance person plaintiff plea possession proceedings quare quod record rent replication rule Sand scire facias seised Semb sheriff shew signed statute sued sufficient taken taking tenant term traverse trespass trial verdict Vide warrant whole wife Wils writ
Page 499 - Whether a party is guilty of negligence, or not, is a question of fact for the jury, and not a question of law for the court to decide, when the evidence tends to establish such negligence.
Page 331 - that where there are mutual debts between the plaintiff and defendant, or if either party sue or be sued as executor or administrator, where there are mutual debts between the testator or intestate and either party, one debt may be set against the other...
Page 331 - ... pleading the general issue, where any such debt of the plaintiff, his testator or intestate, is intended to be insisted on in evidence, notice shall be given of the particular sum or debt so intended to be insisted on, and upon what account it became due, or otherwise such matter shall not be allowed in evidence upon such general issue.
Page 119 - The question upon these pleadings comes to this, whether a nominal plaintiff, suing for the benefit of his assignee, can, by a dismissal of the suit under a collusive agreement with the defendant, create a valid bar against any subsequent suit for the same cause of action.
Page 536 - ... justify under a sufficient legal process if he had it in fact at the time, although he declared then that he entered for another cause.
Page 15 - ... may enter a common appearance, or file common bail for the defendant, and proceed thereon as if such defendant had entered his appearance or filed common bail.
Page 362 - A person contracted to build a house upon the land of another. Before it was completed it was destroyed by fire. It was held that he was not thereby excused from the...
Page 362 - Dyche(b) is a still stronger case: it was there held, that, if two persons agree to perform certain work in a limited time, or to pay a stipulated weekly sum for such time afterwards as it should remain unfinished, and a bond is prepared in the name of both, but is executed by one only, with condition for the due performance of the work, or the payment of the weekly sum, and the work is not finished...