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A Digest of the Law of Actions at Nisi Prius Volume 1

A Digest of the Law of Actions at Nisi Prius Volume 1


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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. 1789 edition. Excerpt: ...married any other person than the one month after the death of her father. Having married defendant in the life-time of her father, the plaintiff brought debt on the Bladwell v. Huggin.. Dyer 219. Incledon v. Cripps. Saik. 659. Dutch W. lndia company v. Jacob Senior Henriques Van Moses. 1 Stra. 612. ther's death, as he might survive her hufband. 6th. " In debt upon any contract, plaintiff must declare for the exact sum due by the contract, for there can beno appor-tion-l ment; butif the sum depends on something extrinfic, though the plaintiff may demand more than he has a right to, yet he may enter a remittitur as to that part; but where the whole arises from the deed it cannot 'be done."--' As where plaintiff declared in debt for 182 I, IOJ. being a sum due by defendant under his covenant to pay 351. per hundred for every hundred of wood delivered in such a place, and that he had delivered so many hundred and one half, for which the money was due. On demurrer the court held, that the demand for the half hundred was more than could be by the contract, (or there could be no apportionment; but thata remittitur might be entered for that, it arising from matter extrinsic. 7th. Debt is in its nature a transitory action, and a bond or other obligation entered into any foreign country may be sued for in England. But in such case, isdated at a certain Place, it then becomes local and the declaration should set it out as made at the true place with a " roz'z. at London in the Ward of Cbeasip, or Where he means to try it," There, And the reason of Zhese cases seems to be, that where there is an Omission of the date, the ' ' bond produced in evidence does not appear to be the same declared on: for a bond made in London is not...


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Product Details
  • ISBN-13: 9781234238346
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 52
  • Spine Width: 3 mm
  • Width: 189 mm
  • ISBN-10: 1234238349
  • Publisher Date: 05 May 2014
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 109 gr


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