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Home > Art, Film & Photography > The Revised Reports; Being a Republication of Such Cases in the English Courts of Common Law and Equity: From the Year 1785, as Are Still of Practical Utility Volume 52
The Revised Reports; Being a Republication of Such Cases in the English Courts of Common Law and Equity: From the Year 1785, as Are Still of Practical Utility Volume 52

The Revised Reports; Being a Republication of Such Cases in the English Courts of Common Law and Equity: From the Year 1785, as Are Still of Practical Utility Volume 52


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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1901 edition. Excerpt: ...specially, for by so doing he must have admitted that the return of nulla banal was false; whereas the question which is to be raised is, whether nulla bona be a good return: if it is, the traverse in the third plea was proper. I think it is a good return. The sheriff, in making his return, is not bound by the rules of special pleading: but, if that were otherwise, what are the special facts here? That the sheriff seized the goods, and paid the landlord's rent, and what was due upon the prior writ. And what is the effect of this? That no goods were applicable to the plaintiff' s writ, and therefore there were nulla bona. As to stat. 8 Ann. c. 14, s. 1, it is certainly remarkable that an action has been held to lie against the sheriff for removing without paying the landlord. At first it is said that he is to take nothing unless the execution creditor shall pay the landlord's rent before the goods are removed. The difliculty arising upon this provision might, I think, be got over. But then it is enacted that the goods shall not be taken unless the execution creditor, before the removal, pay to the landlord, not the value of the goods taken, but a year's rent, if no more be due; and, if the arrears exceed a year's rent, then the execution creditor may pay the year's rent and execute his judgment, and the sheriff is to levy and pay to him both the money paid for rent, and the execution money. I suppose the present practice originated in this, that the method prescribed by the statute was found to be circuitous: the sherifi took enough to satisfy the landlord and the execution creditor, and himself made the payment to each of them: and this course finally prevailed. Now, suppose the sherifi to seize, and the...


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Product Details
  • ISBN-13: 9781130394832
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 358
  • Spine Width: 19 mm
  • Weight: 640 gr
  • ISBN-10: 1130394832
  • Publisher Date: 13 Sep 2013
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Sub Title: From the Year 1785, as Are Still of Practical Utility Volume 52
  • Width: 189 mm


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The Revised Reports; Being a Republication of Such Cases in the English Courts of Common Law and Equity: From the Year 1785, as Are Still of Practical Utility Volume 52
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