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abatement according action alleged allowed answer appear applied assumpsit authority avoidance bond breach brought called cause claim close committed common confession considered contract count course court covenant damages debt declaration deed defendant delivered demand demurrer denial deny effect entered error evidence example Exception execution exist express fact give given ground held Hist injury interest issue joined judges judgment jurisdiction jury justice king King's laid land Lord manner matter ment mode nature necessary objection observed officer original original writ particular party performance person plaintiff plea Pleader pleading possession practice principle proceedings promise proof proper proved question reason record recover remedy replication respect rule Saund says seal sheriff statute sued sufficient suit taken term thing tion tort traverse trespass trial venue verdict whole writ wrong
Page 395 - ... in that plea alleged, ought not to be barred from having and maintaining...
Page 90 - In form it is a fiction : in substance, a remedy to recover the value of personal chattels wrongfully converted by another to his own use.
Page 441 - ... by the name of the mayor and burgesses of the borough...
Page 38 - is the ascendancy of the law of actions in the infancy of courts of justice, that substantive law has at first the look of being gradually secreted in the interstices of procedure.
Page 20 - The term is certainly a very comprehensive one, and is understood to apply to any proceeding In a court of justice by which an individual pursues that remedy which the law affords him.
Page 233 - Judgment according as the very Right of the Cause and Matter in Law shall appear unto them, without regarding any Imperfection, Omission, Defect in or Lack of Form...
Page 128 - An order of discharge shall not release the Effect of bankrupt from any debt on a recognizance nor from any "" debt with which the bankrupt may be chargeable at the suit of the Crown or of any person for any offence against a statute relating to any branch of the public revenue, or at the suit of the sheriff or other public officer on a bail bond entered into for the appearance of any person prosecuted for any such offence : and he shall not be discharged from such excepted debts unless the Treasury...
Page 341 - When, in pleading, any right or authority is set up in respect of property, personal or real, some title to that property must, of course, be alleged in the party, or in some other person from whom he derives his authority. (•;•) So. if a party be charged with any liability in respect of property, personal or real, his title to that property must be alleged.