Reports of Cases Adjudged in the Court of King's Bench: With Some Special Cases in the Courts of Chancery, Common Pleas, and Exchequer, Alphabetically Digested Under Proper Heads; from the First Year of King William and Queen Mary, to the Tenth Year of Queen Anne [1689-1712], Volume 1E. and R. Brooke and J. Butterworth, 1795 |
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Other editions - View all
Reports of Cases Adjudged in the Court of King's Bench: With Some Special ... William Salkeld No preview available - 2015 |
Reports of Cases Adjudged in the Court of King's Bench: With Some Special ... William Salkeld No preview available - 2018 |
Common terms and phrases
2dly action adminiftrator affets affigned affumpfit againſt alfo allocatur amended anfwer arreft attorney attornment award bail baron and feme becauſe bill brought Cafes B. R. Carth caufe cauſe certiorari cofts common law Court held covenant debt declaration defendant pleaded demurrer devife difcharge Doug eftate ejectment eſtate execution executor faid fame fendant feoffment fhall fheriff fhew fhould firſt fpecial ftatute fuch fued fufficient fuit granted habeas corpus heirs himſelf Holt C. J. huſband iffue indictment indorfer judg judgment juftices lands Lill Lord Lord Mansfield ment muft muſt neceffary otherwife party perfon plaintiff plea poffeffion Poft prefent promife queftion quod Raym reafon refufed releaſe replevin Salk Saund ſhall tenant theſe tion trefpafs Trin trover unleſs Vent verdict verfus Vide void wife Wilf writ of error
Popular passages
Page 24 - ... and honesty, although it could not have been recovered from him by any course of law; as in payment of a debt barred by the Statute of Limitations, or contracted during his infancy, or to the extent of principal and legal interest upon...
Page 277 - took this difference, that, where the plaintiff's title is by estoppel, and the defendant pleads the general issue, the jury are bound by the estoppel ; for, here is a title in the plaintiff that is a good title in law, and a good title if the matter had been disclosed and relied on in pleading; but, if the defendant pleads the special matter, and the plaintiff will not rely on the estoppel when he may, but takes issue on the fact, the jury shall not be bound by the estoppel, for then they are to...
Page 248 - Cur., that goods delivered to any person exercising a public trade or employment to be carried, wrought or managed in the way of his trade or employ, are for that time under a legal protection, and privileged from distress for rent...
Page 24 - If one man takes another's money to do a thing, and refuses to do it; it is a fraud: and it is at the election of the party injured, either to affirm the agreement, by bringing an action for the non-performance of it; or to disaffirm the agreement ab initio, by reason of the fraud, and bring an action for money had and received to his use.
Page 197 - where H. covenants not to do an act or thing which was lawful to do, and an act of Parliament comes after and compels him to do it, the statute repeals the covenant. So if H. covenants to do a thing which is lawful, and an act of Parliament comes in and hinders him from doing it, the covenant is repealed.
Page 24 - ... usurious contract, or for money fairly lost at play, because in all these cases the defendant may retain It with a safe conscience, though by positive law he was barred from recovering. But it lies for money paid by mistake, or upon a consideration which happens to fail, or for money got through Imposition (express or Implied), or extortion, or oppression, or an undue advantage taken of the plaintiff's situation, contrary to laws made for the protection of persons under those circumstances.
Page 78 - I have a writ against you ;' upon which, he submits, turns back, or goes with him, though the bailiff never touched him, yet it is an arrest, because he submitted to the process.
Page 277 - Thus, in debt for rent on an indenture of lease, if the defendant plead nil debet, he cannot give in evidence that the plaintiff had nothing in the tenements, because, if he had pleaded that specially, the plaintiff might have replied the indenture, and estopped him : but, if the defendant plead...
Page 278 - that, in debt for rent, upon nil debet pleaded, the statute of limitations may be given in evidence, for the statute has made it no debt at the time of the plea pleaded, the words of which are in the present tense.
Page 234 - I give, ratify and confirm, all my estate, right, title and interest, which I now have, and all the term and terms of, years which I now have, or may have, in my power to dispose of, after my death, in whatever I hold by lease from Sir John Freeman, and also the house called the Bell Tavern, to John Billingsley...