Reports and Dissertations, in Two Parts: With an Appendix Containing Forms of Special Pleadings in Several Cases, Forms of Recognizances, of Justices Records, and of Warrants of CommitmentTuttle, 1871 - 146 páginas |
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Página 11
... plea in bar , the substance of which was , that after the ex- ecution of said bond , viz . , on the 29th day of June , 1789 , the said Joel Ely made application to Elias Weld , one of the judges of the County Court , for said county ...
... plea in bar , the substance of which was , that after the ex- ecution of said bond , viz . , on the 29th day of June , 1789 , the said Joel Ely made application to Elias Weld , one of the judges of the County Court , for said county ...
Página 24
... plea of nil debet ; 2d , an offset . The Court ( Judges Smith and Knight on the bench ) allowed the defendant to impeach the original judg- ment , so far as to show that more was recovered than was , in fact , due . N. B. - This goes no ...
... plea of nil debet ; 2d , an offset . The Court ( Judges Smith and Knight on the bench ) allowed the defendant to impeach the original judg- ment , so far as to show that more was recovered than was , in fact , due . N. B. - This goes no ...
Página 27
... Plea that the bond was taken by the Sheriff in his own wrong , colore ters other than in his own wrong , colore officii , for other things than officii , for mat- the law allows , viz . , for the prisoner's good behavior , the law ...
... Plea that the bond was taken by the Sheriff in his own wrong , colore ters other than in his own wrong , colore officii , for other things than officii , for mat- the law allows , viz . , for the prisoner's good behavior , the law ...
Página 28
... plea . For , on this demurrer , if the declaration be not good , or , in turns on the other words , if the bond be illegal , the plaintiff can- legality of the bond . not recover in this action ; and nothing is disclosed in the ...
... plea . For , on this demurrer , if the declaration be not good , or , in turns on the other words , if the bond be illegal , the plaintiff can- legality of the bond . not recover in this action ; and nothing is disclosed in the ...
Página 34
... Plea , non - assumpsit . It appeared in evidence , that the plaintiff , a sheriff's deputy , had an execution against Bicknell , in favor of one Woolston , a person residing abroad . The defend- ant counted out the money to satisfy the ...
... Plea , non - assumpsit . It appeared in evidence , that the plaintiff , a sheriff's deputy , had an execution against Bicknell , in favor of one Woolston , a person residing abroad . The defend- ant counted out the money to satisfy the ...
Otras ediciones - Ver todas
Reports and Dissertations, in Two Parts: With an Appendix Containing Forms ... Nathaniel Chipman,Vermont Supreme Court Sin vista previa disponible - 2018 |
Términos y frases comunes
Abel action Addison County adjourned term afore aforesaid sum afterwards agreement assigned assumpsit attornment bill blank bond Chief Justice citation common law contract conveyance costs counsel County Court County of Rutland creditor damages debt deed defendant defendant's demand demurrer ejectment ELIJAH PAINE endorsee endorser fendant fraud George Goodman grant hand hath holden at Rutland James Jinks John Jonathan Bell Judge judgment jury Justice of Peace land last aforesaid law of England lawful money lease lessor liberties Lord maker ment N. O. Justice NATHANIEL CHIPMAN notice original payee parties payable Pittsford plaintiff plea of offset precedents principles prison promise to pay promissory note prove purchase reason recognizance recorded recover Risley Rutland aforesaid seal Shattuck Sheriff Simon Smead statute suit sum of 20 thereof third person Timothy tion Verdict Vermont void warrant Wier WINDHAM COUNTY WINDSOR COUNTY writ of execution writing obligatory
Pasajes populares
Página 91 - ... and corporate, his, her, or their order, is indorsed or assigned, or the money therein mentioned ordered to be paid by indorsement thereon, shall and may maintain his, her, or their action for such sum of money, either against the person or persons, body...
Página 90 - ... and also every such note payable to any person or persons, body politick and corporate, his, her, or their order, shall be assignable or indorsable over, in the same manner as inland bills of exchange are or may be, according to the custom of merchants...
Página 68 - ... the law of England would be a strange science indeed if it were decided upon precedents only. Precedents serve to illustrate principles, and to give them a fixed certainty. But the law of England which is exclusive of positive law, enacted by statute, depends upon principles ; and these principles run through all the cases according as the particular circumstances of each have been found to fall within the one or other of them.
Página 115 - ... from the beginning of the world to the day of the date of these presents.
Página 65 - Not that the particular reason of every rule in the law can at this distance of time be always precisely assigned; but it is sufficient that there be nothing in the rule flatly contradictory to reason, and then the law will presume it to be well founded. And it hath been an ancient observation in the laws of England...
Página 90 - ... and corporate, his, her or their order, or unto bearer, any sum of money mentioned in such note, shall be taken and construed to be by virtue thereof due and payable to any such person or persons, body politick and corporate, to whom the same is made payable ; and also every such note payable to any person...
Página 120 - ... for his damages, which he had sustained as well by reason of the non-performance by...
Página 91 - ... payable, shall and may maintain an action for the same, in such manner as he, she, or they might do upon any inland bill of exchange...
Página 78 - The earliest registry laws provided that no conveyance of land shall be good and effectual in law "against any other person or persons but the grantor or grantors, and their heirs only, unless the deed or deeds thereof be acknowledged and recorded in manner aforesaid.
Página 26 - The provision made by law for the relief of the poor, is, in my opinion, a charitable provision. To consider it in any other light, detracts much from the benevolence of the law, and casts a reflection on the humanity of the richer portion of community.