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abatement according action admit aforesaid afterwards alleged allowed ancient answer appear Appendix applied assignment attorney authority Barn bond brought called cause certain Chitty claim close color commencement common conclusion confession and avoidance considered course court covenant damages debt declaration deed defendant defendant pleaded demise demurrer denial deny edit effect entered evidence example exception express fact give given ground hath held inducement issue judge judgment jury kind King laid Lord manner matter means mentioned nature necessary Note notice objection observed occurs original particular party person plaintiff plea Pleader pleading possession practice present principle proceeding promise proper prove question reason record reference replication respect rule Saund says statute sufficient suit supposed supra taken tender term thereof tion traverse trespass trial verdict Vide whole writ
Page 14 - We have commanded you], that within Eight Days after the Service of this Writ on you, inclusive of the Day of such Service, you do cause...
Page xli - IN all actions of assumpsit, except on bills of exchange and promissory notes, the plea of non assumpsit shall operate only as a denial in fact of the express contract or promise alleged, or of the matters of fact from which the contract or promise alleged may be implied by law.
Page cxiii - ... payment of costs to the other party, or postponing the trial to be had before the same or another jury, or both payment of costs and postponement as such Court or judge shall...
Page 14 - We command you, That within eight days after the service of this writ on you, inclusive of the day of such service, you do cause an appearance to be entered...
Page 168 - ... thence next ensuing : and fully to be complete and ended...
Page xliii - In actions on the case, the plea of not guilty shall operate as a denial only of the breach of duty or wrongful act alleged to have been committed by the defendant, and not of the facts stated in the inducement...
Page 424 - The office of a proviso, generally, is either to except something from the enacting clause, or to qualify or restrain its generality, or to exclude some possible ground of misinterpretation of it, as extending to cases not intended by the legislature to be brought within its purview.
Page 142 - In the margin of every demurrer, before it is signed by counsel, some matter of law intended to be argued shall be stated, and if any demurrer shall be delivered without such statement, or with a frivolous statement, it may be set aside as irregular by the Court or a Judge, and leave may be given to sign judgment as for want of a plea.
Page 373 - Wherefore he prays judgment if the said plaintiff ought to have or maintain his aforesaid action against him," etc., (a conclusion in bar,) is bad.
Page cxiv - ... court shall think reasonable ; and after any such amendment the trial shall proceed, whenever the same shall be proceeded with, in the same manner in all respects, and with the same consequences, both with respect to the liability of witnesses to be indicted for perjury and otherwise, as if no such variance had occurred...