Common-law Pleading: Its History and Principles : Including Dicey's Rules Concerning Parties to Actions and Stephen's Rules of Pleading |
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Common terms and phrases
action of debt action of trespass alleged ancient answer appear assize assumpsit averment bankrupt breach brought called cause of action chattels Chit claim committed common law Common Pleas confession and avoidance count covenant Curia Regis damages declaration deed defendant pleaded defendant's demand demurrer denial deny detinue ejectment English law entry example Exception executor forms of actions given Hist Ibid injury issue in fact issue in law judges judgment jurisdiction jury justice king King's Bench land lessor Litt Lord matter ment mode of trial non est factum objection original writ oyer person plaintiff plea in abatement Pleader possession proceedings profert promise proof proper question record recover remedy replevin replication Salk Saund scire facias seal seisin sheriff special pleading special traverse statute Steph sued sufficient suit tenant tendered term tion tort trespass trover ubi supra verdict writ of error writ of right wrong
Popular passages
Page 395 - ... in that plea alleged, ought not to be barred from having and maintaining...
Page 318 - ... it shall be lawful for any defendant, or tenant in any action or suit, or for any plaintiff in replevin, in any Court of record, with the leave of the Court, to plead as many several matters thereto as he shall think necessary for his defence...
Page 90 - In form it is a fiction : in substance, a remedy to recover the value of personal chattels wrongfully converted by another to his own use.
Page 441 - ... by the name of the mayor and burgesses of the borough...
Page 38 - is the ascendancy of the law of actions in the infancy of courts of justice, that substantive law has at first the look of being gradually secreted in the interstices of procedure.
Page 20 - The term is certainly a very comprehensive one, and is understood to apply to any proceeding In a court of justice by which an individual pursues that remedy which the law affords him.
Page 233 - Judgment according as the very Right of the Cause and Matter in Law shall appear unto them, without regarding any Imperfection, Omission, Defect in or Lack of Form...
Page 128 - An order of discharge shall not release the Effect of bankrupt from any debt on a recognizance nor from any "" debt with which the bankrupt may be chargeable at the suit of the Crown or of any person for any offence against a statute relating to any branch of the public revenue, or at the suit of the sheriff or other public officer on a bail bond entered into for the appearance of any person prosecuted for any such offence : and he shall not be discharged from such excepted debts unless the Treasury...
Page 341 - When, in pleading, any right or authority is set up in respect of property, personal or real, some title to that property must, of course, be alleged in the party, or in some other person from whom he derives his authority. (•;•) So. if a party be charged with any liability in respect of property, personal or real, his title to that property must be alleged.
Page 444 - AB as for his costs and charges by him, about his suit in that behalf expended...