A Practical Treatise on Pleading and on the Parties to Actions and the Forms of Actions, Volume 1

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R. M. M'dermut, 1809

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Page 467 - ... defectively or imperfectly stated or omitted, and without which it is not to be presumed that either the judge would direct the jury to give or the jury would have given the verdict, such defect, imperfection, or omission is cured by the verdict...
Page 644 - Judgment according as the very Right of the Cause and Matter in Law shall appear unto them...
Page 333 - one of the first principles of pleading, that there is only occasion to state facts, which must be ' done for the purpose of informing the Court whose duty it is to declare the law arising upon those facts, and of apprizing the opposite party of what is meant to be proved, in order to give him an opportunity to answer or traverse it.
Page 571 - Court, to plead as many several matters thereto as he shall think necessary for his defence (z) ; provided nevertheless that if any such matter shall, upon a demurrer joined, be judged insufficient, costs shall be given at the discretion of the Court ; or if a verdict shall be found upon any issue in the said cause for the plaintiff or demandant, costs shall...
Page 243 - Parliament, [and] by consent of men learned in the law a writ shall be made, lest it might happen after that the Court should long time fail to minister justice unto complainants.
Page 401 - There is also a third sort of covenants, which are mutual conditions to be performed at the same time ; and in these, if one party was ready and offered to perform his part, and the other neglected or refused to perform his, he who was ready and offered has fulfilled his engagement, and may maintain an action for the default of the other though it is not certain that either is obliged to do the first act.
Page 286 - 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 348 - Certainty to a certain intent in general, is a greater degree of certainty than the last, and means what upon a fair and reasonable construction may be called certain, without recurring to possible facts which do not appear, 9 Johns.
Page 398 - I take the rule to be, that if the whole of an averment may be struck out without destroying the plaintiff's right of action, it is not necessary to prove it; but...
Page 332 - OF actwn, will not in general preclude him from abandoning such suit, and after having duly discontinued it, he may adopt any other remedy.