The Practice of the Court of King's Bench in Personal Actions and Ejectment, Volume 2J. Butterworth, 1819 |
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Common terms and phrases
affidavit afterwards allocatur allowed amended appear application arbitrator assumpsit attachment award Barnes bill bond brought Carth cause of action clerk counsel Cowp custody damages debt declaration defendant defendant's delivered demurrer directed Vol discharged Doug East ejectment enter entitled to costs entry execution fendant fieri facias filacer final judgment granted habeas corpus holden indorse judge judge's judgment by default judgment of nonpros jury justices of peace matter ment mentioned money into court motion nisi prius nolle prosequi nonsuit obtained ordinary outlawry party payment person plaintiff plead prisoner proceed to trial Raym recover remittitur rent replevin roll rule nisi Salk Saund scire facias Sellon serve a copy sheriff shew cause sign judgment stat statute sued summons Taunt tenant term thereupon Tidd tiel venire venue verdict warrant of attorney Wils writ of enquiry writ of error
Popular passages
Page 58 - ... and all other persons claiming and deriving under the said lease, shall- be barred and foreclosed from all relief or remedy in law or equity...
Page 232 - Saund. 228, n. (1), it is said, that, " where there is any defect, imperfection, or omission in any pleading, whether in substance or form, which would have been a fatal objection upon demurrer ; yet, if the issue joined be such as necessarily required on the trial proof of the facts so 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...
Page 256 - A criminal action, prosecuted by indictment, may be removed from the court in which it is pending, on the application of the defendant, on the ground that a fair and impartial trial cannot be had in the county where the indictment is pending.
Page 57 - ... ejectment for the recovery of the demised premises, or in case the same cannot be legally served, or no tenant be in actual possession of the premises, then...
Page 176 - A criminal action may be removed from the court in which it is pending: First — On the application of the defendant, on the ground that a fair and impartial trial cannot be had in the county where the action is pending...
Page 57 - in all cases between landlord and tenant, as often as it shall happen that one half year's rent shall be in arrear, and the landlord or lessor, to whom the same is due, hath right by law to re-enter for the non-payment thereof, such landlord or lessor shall and may, without any formal demand or re-entry, serve a declaration in ejectment for the recovery of the demised premises...
Page 78 - Car. 2. c. 8. s. 1. it is enacted, that "in all actions " personal, real, or mixed, the death of " either party between the verdict and " the judgment shall not be alleged " for error, so as such judgment be " entered within two terms after such
Page 245 - That all Writs of Error, wherein there shall be any Variance from the original Record, or other Defect, may and shall be amended and made agreeable to such Record, by the respective Courts where such Writ or Writs of Error shall be made returnable...
Page 178 - In all cases in which it shall be, made to appear to the court that a fair and impartial trial cannot be had...
Page 232 - And, the principle was well stated, as previously observed, that "where there is any Defect, Imperfection, or Omission in Any Pleading, whether in Substance or Form, which would have been a Fatal Objection upon Demurrer; yet if the Issue Joined be such as necessarily required on the Trial Proof of the Facts so 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...