A Digest of the Law of Evidence on the Trial of Actions at Nisi Prius

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Benning, 1844 - 832 páginas
 

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Página 191 - That no action shall be brought whereby to charge any person upon any agreement made upon consideration of marriage, or upon any contract or sale of lands, tenements, or hereditaments, or any interest in or concerning them, unless the agreement upon which. such action shall be brought, or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith, or some other person thereunto by him lawfully authorized,
Página 317 - ... or to deprive any party of the benefit thereof, unless such acknowledgment or promise shall be made or contained by or in some writing to be signed by the party chargeable thereby...
Página 447 - ... the right to make such entry or distress, or to bring such action, shall have first accrued to the person making or bringing the same.
Página 306 - In every species of assumpsit, all matters in confession and avoidance, including not only those by way of discharge, but those which show the transaction to be either void or voidable in point of law, on the ground of fraud or otherwise, shall be specially pleaded.
Página 447 - ... when the person claiming such land or rent, or some person through whom he claims, shall, in respect of the estate or interest claimed, have been in possession or in receipt of the profits of such land, or in the receipt of such rent...
Página 69 - ... when any variance shall appear between any matter in writing or in print produced in evidence, and the recital or setting forth thereof upon the record...
Página 632 - In an action on the case for a nuisance to the occupation of a house, by carrying on an offensive trade, the pica of not guilty will operate as a denial, only that the defendant carried on the alleged trade in such a way as to be a nuisance to the occupation of the house ; and will not operate as a denial of the plaintiff's occupation of the house.
Página 317 - Acts or this Act, as to One or more of such Joint Contractors, or Executors or Administrators, shall nevertheless be entitled to recover against any other or others of the Defendants, by virtue of a new Acknowledgment or Promise, or otherwise, Judgment may be given and Costs allowed for the Plaintiff as to such Defendant or Defendants against whom he shall recover, and for the other Defendant or Defendants against the Plaintiff.
Página 359 - I believe quite correctly, that "the rule of law is laid down with perfect correctness in the case of Butterfield v. Forrester, that, although there may have been negligence on the part of the plaintiff, yet unless he might, by the exercise of ordinary care, have avoided the consequences of the defendant's negligence, he is entitled to recover; if by ordinary care he might have avoided them, he is the author of his own wrong.
Página 164 - And all bills, drafts, or orders for the payment of any sum of money out of any particular fund which may or may not be available, or upon any condition or contingency which may or may not be performed or happen...

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