Principles of Common-law Pleading: A Brief Explanation of the Different Forms of Common-law Actions, and a Summary of the Most Important Principles of Pleading Therein, with Illustrations Taken from the Cases |
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Principles of Common-Law Pleading: A Brief Explanation of the Different ... John Jay MacKelvey No preview available - 2018 |
Principles of Common-Law Pleading: A Brief Explanation of the Different ... John Jay McKelvey No preview available - 2016 |
Common terms and phrases
absque hoc clause act alleged action known Action of assumpsit Action of debt action of detinue Action of replevin Action of trespass action of trover actual possession admitted Ames assigning for cause award bad in substance bailment bond breach cattle cause of action chattels common-law condition confession and avoidance contract court covenant damages declaration alleges defect defendant defendant's denial deny departure detained detention detinet detinuit dilatory plea Ejectment facts form of action guilty Hence horse indebitatus inducement injury John Doe land lease material allegations ment motion murrer party payment person plaintiff plaintiff's right plea amounts plea in abatement plea in excuse plea is bad principle promise prove quare clausum fregit recover refusal rejoinder repleader replication de injuria Richard Roe right of possession rule seised seisin seizure Selden Society sheriff special assumpsit Special demurrer specific recovery specific traverse statement statute sufficient tion verdict violation writ wrongful act X pleads
Popular passages
Page 60 - Parliament, 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.1 WRIT IN TRESPASS ON THE CASE The king to the sheriff, &c.
Page 73 - that from henceforth, after demurrer joined and entered, in any action or suit in any court of record within this realm, the judges shall proceed and give Judgment according as the very right of the cause and matter in law shall appear nnto them, without regarding any imperfection, defect, or want of form...
Page 149 - 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 59 - And whensoever from henceforth it shall fortune in the Chancery, that in one case a writ is found, and in like case falling under like law, and requiring like remedy, is found none, the clerks of the Chancery shall agree in making the writ...
Page 101 - Smith is ready to verify, wherefore he prays judgment of the said writ and declaration thereon founded, and that the same may be quashed, etc.
Page 55 - is merely meant to apply to this case, (viz.) where A. takes goods wrongfully from B. and B. applies to have them redelivered to him upon giving security until it shall appear whether A. has taken them rightfully. But if A. be in possession of goods, in which B. claims a property, this is not the writ to try that right.
Page 103 - Garland, his attorney, comes and defends the wrong and injury, when, etc., and says that he...
Page 27 - Adjudged for the plaintiff in both courts, that the plaintiff need not to aver the delivery of the cow, because it is promise for promise.
Page 126 - ... or any part thereof, in manner and form as the said plaintiff hath above thereof complained against him. And of this he the said defendant puts himself upon the country, &C.1 BOSS v.
Page 9 - AB, and beat, wounded, and ill-treated him, so that his life was despaired of...