Bullen and Leake's Precedents of Pleadings: With Notes and Rules Relating to PleadingStevens, 1897 - 1126 頁 |
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第 12 頁
... supra ; and Christie v . Christie , supra . ) Pleadings , or parts of pleadings , have been struck out or amended as embarrassing , & c . , in the following cases ( most of which were decided under the repealed O. XXVII . r . 1 ) , viz ...
... supra ; and Christie v . Christie , supra . ) Pleadings , or parts of pleadings , have been struck out or amended as embarrassing , & c . , in the following cases ( most of which were decided under the repealed O. XXVII . r . 1 ) , viz ...
第 13 頁
... supra ; and see Hildidge v . O'Farrell , 8 L. R. Ir . 158 ) , or invalid in law ( Tomkin- son v . S. E. Ry . Co. , supra ) . A party is in general entitled to set up several inconsistent claims , defences or replies , and to do so is ...
... supra ; and see Hildidge v . O'Farrell , 8 L. R. Ir . 158 ) , or invalid in law ( Tomkin- son v . S. E. Ry . Co. , supra ) . A party is in general entitled to set up several inconsistent claims , defences or replies , and to do so is ...
第 16 頁
... supra ; Hipgrave v . Case , 28 Ch . D. 356 ; 54 L. J. Ch . 399 ; Clark v . Wray , 31 Ch . D. 68 ; 55 L. J. Ch . 119 ; Edevain v . Cohen , supra ) , or where it is clear that there is no substantial ground for the case proposed to be set ...
... supra ; Hipgrave v . Case , 28 Ch . D. 356 ; 54 L. J. Ch . 399 ; Clark v . Wray , 31 Ch . D. 68 ; 55 L. J. Ch . 119 ; Edevain v . Cohen , supra ) , or where it is clear that there is no substantial ground for the case proposed to be set ...
第 21 頁
... supra ; Massey v . Heynes , supra ; Bennetts v . McIlwraith , ( 1896 ) 2 Q. B. 464. ) Two persons may be joined as defendants to alternative claims in the same action , where the acts complained of by the plaintiff amount either to a ...
... supra ; Massey v . Heynes , supra ; Bennetts v . McIlwraith , ( 1896 ) 2 Q. B. 464. ) Two persons may be joined as defendants to alternative claims in the same action , where the acts complained of by the plaintiff amount either to a ...
第 22 頁
... supra ; and see Ŏ . XVI . r . 4 , cited ante , p . 20 ) . The question as to whether a contract is joint or several depends primarily on the language used , but is a question of intention to be determined by considering not only the ...
... supra ; and see Ŏ . XVI . r . 4 , cited ante , p . 20 ) . The question as to whether a contract is joint or several depends primarily on the language used , but is a question of intention to be determined by considering not only the ...
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accepted acceptor accord and satisfaction agent agreement alleged amended amount apply assignment Bank bankrupt Bankruptcy Act Bills of Exchange Bing breach carrier cause of action cheque cited post condition counterclaim County covenant creditor dated debt debtor deceased deed defendant defendant's delivered delivery denial entitled executor or administrator fact fraud G. W. Ry injunction injury joinder of issue judgment Judicature Acts L. J. Ch L. J. Ex land landlord Leake on Contracts lease liable loss ment negligence notice owner paid Particulars payable person plaintiff plaintiff has suffered plaintiff's claim pleading possession preceding premises Queen's Bench Division reasonable recover rent reply respect rule Sect set-off ship Smith special damage specially indorsed statement of claim statute Statute of Frauds sued suffered damage sufficient supra tenant thereof third party trespass trustee unless Vict warranty writ
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第 387 頁 - ... agent acting for him, of the goods or documents of title, under any sale, pledge, or other disposition thereof, to any person receiving the same in good faith and •without notice of...
第 19 頁 - All persons may be joined in one action as defendants if there is asserted against them jointly, severally, or in the alternative...
第 316 頁 - Where there is an unconditional contract for the sale of specific goods, in a deliverable state, the property in the goods passes to the buyer when the contract is made, and it is immaterial whether the time of payment or the time of delivery, or both, be postponed.
第 426 頁 - ... in every such action the jury may give such damages as they may think proportioned to the injury resulting from such death to the parties respectively for whom and for whose benefit such action shall be brought...
第 318 頁 - Where there is an available market for the goods in question, the measure of damages, in the absence of special circumstances showing proximate damages of a greater amount, is the difference between the contract price and the market or current price...
第 772 頁 - December, 1833, no action or suit or other proceeding shall be brought, to recover any sum of money secured by any mortgage, judgment or lien, or otherwise charged upon or payable out of any land or rent, at law or in equity...
第 772 頁 - ... unless in the meantime some part of the principal money, or some interest thereon, shall have been paid, or some acknowledgment of the right thereto shall have been given in writing, signed by the person by whom the same shall be payable, or his agent, to the person entitled thereto, or his agent...
第 772 頁 - No claim of a cestui que trust against his trustee for any property held on an express trust, or in respect of any breach of such trust, shall be held to be barred by any Statute of Limitations.
第 710 頁 - That no contract for the sale of any goods, wares, and merchandises, 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, or give something in earnest to bind the bargain, or in part...
第 316 頁 - Intend. (1) Where there is a contract to sell specific or ascertained goods, the property in them is transferred to the buyer at such time as the parties to the contract intend it to be transferred. ( 2 ) For the purpose of ascertaining the intention of the parties, regard shall be had to the terms of the contract, the conduct of the parties, usages of trade and the circumstances of the case.