An Abridgment of the Law of Nisi Prius, Volume 2

Front Cover
P. H. Nicklin & T. Johnson, 1838 - 1620 pages
 

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Contents

Debt on bond 730
794
The declaration 760
818
The pleadings 767
823
Debt on bail bond 770
826
The declaration 777
831
The pleadings 779
833
CHAPTER IX
835
CHAPTER X
838
Who may distrain 787
840
How a distress may be avoided 792
844
What may and what may not be distrained 794
846
In what place a distress should be made 802
852
At what time a distress may be taken 805
855
How a distress should be made 807
857
How a distress should be disposed of 809
858
Second distress 813
862
Remedy for a wrongful distress 815
864
CHAPTER XI
867
For what things an ejectment will lie 823
870
Of the title necessary to support ejectment
874
Who may bring ejectment 840
884
In what cases an actual entry must be made before ejectment 853
894
Notice to quit 857
898
The declaration 878
914
Service of the declaration 889
923
Of the affidavit of service 899
931
Judgment by default 902
933
Appearance of the defendant and proceedings thereupon 905
935
When the court will stay the proceedings 911
940
Of the proceedings under 1 G IV c 87 where the tenant holds over 918
948
Of the trial judgment and execution 942
965
Costs 946
969
Writ of error 948
970
Trespass for mesne profits 949
971
CHAPTER XII
975
Administration de bonis non 964
983
Of bona notabilia 968
986
Of the interest which an executor or administrator takes in the es tate of the deceased 972
990
Of the disposition of the estate of the deceased 975
993
Of the liability of an executor or administrator in respect of the acts of the deceased 984
1000
Of the liability of an executor or administrator in respect of his own acts 987
1003
Actions by executors and administrators
1007
Actions against executors or administrators
1015
Admission of assets Devastavit
1020
Costs
1022
Judgment
1023
Administration bond
1024
CHAPTER XIII
1026
SEC EGPA II Sections 1 and 2 Leases
1027
Section 3 Assignment or surrender of title
1029
Section 4
1031
Statement of the consideration
1039
Agreements in consideration of marriage
1045
Agreements not to be performed within a year
1050
Memorandum or note in writing
1051
Agent
1052
The 29 Car II c 3 s 17 and 9 G IV c 14 s 7
1055
What contracts for the sale of goods are within these enactments
1056
Delivery and acceptance
1058
Earnest
1062
Agent
1065
CHAPTER XIV
1069
contract
1077
CHAPTER XV
1082
Of the liability of the husband in respect of the contracts of his wife 1089
1092
When a married woman is considered as a feme sole
1101
Wifes privileges from arrest
1105
Actions by husband and wife
1107
Actions against husband and wife
1117
Deeds of separation
1121
CHAPTER XVI
1125
What may be insured
1129
Of the interest of the insured Wager policies
1133
Reinsurance Double insurance
1138
Of the form and requisites of a policy of insurance
1139
Valued and open policies
1152
Of loss by the perils insured against
1155
Total loss and abandonment 1165
1171
Stranding
1179
General average
1181
Partial loss Particular average
1183
Adjustment
1185
Evidence
1223
Insurance upon lives
1229
Insurance against fire
1233
CHAPTER XVII
1240
To what cases the statute extends
1241
When the statute begins to run
1242
Avoiding the statute by issuing process
1251
What acknowledgment will obviate the statute
1253
G IV c 14 Lord Tenterdens Act
1256
What promise will avoid the 9 Geo IV c 14
1257
Part payment on account
1267
Payment by one of several joint debtors
1268
What amounts to payment
1271
The pleadings
1273
Evidence
1275
Limitation of actions upon specialties
1283
CHAPTER XVIII
1285
When an action on the case will lie for a malicious arrest
1287
Malice and want of probable cause
1288
Determination of the original suit
1291
The declaration and pleadings
1293
Evidence
1295
CHAPTER XIX
1303
Judges certificate respecting costs
1321
Speedy execution
1324
CHAPTER XX
1326
By and against whom replevin may be maintained
1327
Mode of proceeding in replevin
1328
The declaration
1331
Subsequent pleadings
1336
Evidence
1338
Judgment
1339
Costs Practice
1342
Writs of recaption and second deliverance 1343
1343
Proceedings against the sheriff for taking insufficient pledges
1346
CHAPTER XXI
1351
Words spoken in respect of office profession c
1355
Special damage 1357
1357
Slander of title
1358
Libel 1360
1359
Scandalum magnatum 1362
1365
Privileged communications 1363
1366
Privileged publications
1376
The declaration
1377
The pleadings 1389
1389
Evidence
1391
Costs
1401
CHAPTER XXII
1402
Trespass to personal property
1409
The pleadings
1411
Replication
1414
New assignment
1418
Damages
1424
Trespass for false imprisonment
1425
Trespass to real property
1431
The declaration
1447
Pleadings
1448
Crim con
1454
Trespass for seduction
1462
CHAPTER XXIII
1465
Absolute property and right of possession
1467
Special property
1474
Possession alone when sufficient
1476
Conversion
1477
Demand and refusal 1482
1483
Parties to this action
1487
The declaration
1490
The pleadings 1492
1497
Lien 1495
1500
Evidence and damages
1503
CHAPTER XXIV
1506
CHAPTER XXV
1512
Who may make a will what property will pass thereby
1514
Signing and attestation
1515
Witnesses
1518
Revocation
1523
Proof of a will
1529
The 7 W IV 1 Vic c 26
1532
APPENDIX
1542
APPENDIX BY THE AMERICAN EDITOR
1546
INDEX
1561

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Common terms and phrases

Popular passages

Page 1055 - That no contract for the sale of any goods, wares, and merchandise, for the price of ten pounds sterling or upwards, shall be allowed to be good, except the buyer shall accept part of the goods so sold, and actually receive the same...
Page 1031 - ... any contract or sale of lands, tenements, or hereditaments, or any interest in or concerning them ; or upon any agreement that is not to be performed within the space of one year from the making thereof ; 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.
Page 1523 - ... it shall go to the executor or administrator of the party that had the estate thereof by virtue of the grant...
Page 1277 - ... then such right shall be deemed to have first accrued at the time at which such estate or interest became an estate or interest in possession...
Page 1279 - ... to make an entry or distress or bring an action to recover such land or rent, shall be deemed to have first accrued...
Page 1511 - And moreover, no devise in writing of land, tenements or hereditaments, nor any clause thereof, shall at any time after the said four and twentieth day of June be revocable, otherwise than by some other will or codicil in writing or other writing declaring the same, or by burning, cancelling, tearing or obliterating the same by the testator himself, or in his presence and by his directions and consent...
Page 1154 - ... to be understood in their plain, ordinary, and popular sense, unless they have generally, in respect to the subjectmatter, (as, by the known usage of trade or the like,) acquired a peculiar sense distinct from the popular sense of the same words ; or unless the context evidently points out that they must, in the particular instance and in order to effectuate the immediate intention of the parties to that contract, be understood in some other special and peculiar sense.
Page 1503 - That no will shall be valid unless it shall be in writing and executed in manner hereinafter mentioned ; (that is to say), it shall be signed at the foot or end thereof by the testator, or by some other person in his presence and by his direction ; and such signature shall be made or acknowledged by the testator in the presence of two or more witnesses present at the same time, and such witnesses shall attest and shall subscribe the will in the presence of the testator, but no form of attestation...
Page 1055 - ... be actually made, procured, or provided, or fit or ready for delivery, or some act may be requisite for the making or completing thereof, or rendering the same fit for delivery...
Page 1283 - Actions for Penalties, Damages, or Sums of Money given to the Party grieved by any Statute now or hereafter to be in force...

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