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Mr. Serjeant Stephen's New Commentaries on the Laws of England ..., Volume 4
James Stephen,Henry John Stephen
No preview available - 2015
18 Vict 37 Vict according action allowed amount appear apply appointed authority Bank Board brought called cause claim common law considered corporation costs council course court Crown damages debt defendant directed distress effect enacted England enter entitled equity established evidence examination execution fact former give given granted hand held injury issue judge judgment Judicature jurisdiction jury justices land Law Rep limited Lord manner matter ment mentioned nature notice object observed obtained otherwise owner parish particular party passed period person plaintiff plea plead poor possession practice present proceedings proper question reason record recover reference regard regulations relating relief remedy rent respect rule Sect ship statute suit taken tenant term tion trial trust unless Vide sup writ
Page 451 - Act had not passed) to pass and transfer the legal right to such debt or chose in action from the date of such notice, and all legal and other remedies for the same, and the power to give a good discharge for the same without the concurrence of the assignor...
Page 502 - A defendant in an action may set off, or set up, by way of counter-claim against the claims of the plaintiff, any right or claim, whether such set-off or counter-claim sound in damages or not, and such set-off or counterclaim shall have the same effect as a statement of claim in a cross action, so as to enable the Court to pronounce a final judgment in the same action, both on the original and on the cross claim.
Page 66 - Hereditaments rated thereunto; that is to say, of the Rent at which the same might reasonably be expected to let from year to year, free of all usual Tenant's Rates and Taxes, and Tithe Commutation Rent-charge, if any, and deducting therefrom the probable average annual cost of the repairs, insurance, and other expenses, if any, necessary to maintain them in a state to command such Rent...
Page 471 - One thousand eight hundred and thirty-three, no arrears of rent or of interest in respect of any sum of money charged upon or payable out of any land or rent, or in respect of any legacy, or any damages in respect of such arrears of rent or interest, shall be recovered by any distress, action, or suit, but within six years next after the same respectively shall have become due...
Page 494 - Act annexed (on which judgment no proceeding in error shall lie) for any sum not exceeding the sum indorsed on the writ, together with interest, at the rate specified (if any), to the date of the judgment, and a sum for costs...
Page 560 - Or. 39, r. 6, it 13 provided that a new trial shall not be granted on the ground of misdirection or of the improper admission or rejection of evidence, or...
Page 451 - A mortgagor entitled for the time being to the possession or receipt of the rents and profits of any land, as to which no notice of his intention to take possession or to enter into the receipt of the rents and profits thereof shall have been given by the mortgagee...
Page 405 - An estate for life without impeachment of waste shall not confer or be deemed to have conferred upon the tenant for life any legal right to commit waste of the description known as equitable waste, unless an intention to confer such right shall expressly appear by the instrument creating such estate.
Page 452 - This day was to arrive, Maitland thought, through the operation of Sub-section 11 of Section 25 of the Judicature Act of 1875, which says: "Generally in all matters not hereinbefore particularly mentioned, in which there is any conflict or variance between the rules of equity and the rules of common law with reference to the same matter, the rules of equity shall prevail.
Page 241 - But as the public peace is a superior consideration to any one man's private property; and as, if individuals were once allowed to use private force as a remedy for private injuries, all social justice must cease, the strong would give law to the weak, and every man would revert to a state of nature...