Reports of Cases Argued and Determined in the Court of King's Bench, in the Nineteenth, Twentieth, and Twenty-First Years of the Reign of George III. [1778-1781] Volume 1

Reports of Cases Argued and Determined in the Court of King's Bench, in the Nineteenth, Twentieth, and Twenty-First Years of the Reign of George III. [1778-1781] Volume 1

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1790 edition. Excerpt: ...plaintiffs endeavoured to prove the agree-C0Unts. ment, but failed; upon which they were going into evidence on the general counts.--The Judge would not permit this to be done, and directed a nonsuit.--The case now came on in court, upon a rule to shew cause why the nonsuit should not be set aside, and a new trial granted, on the ground of a misdirection. Lord Mansfu.i.d, --This was formerly the rule, when the fashion was, to lay hold of a nonsuit wherever it could be done. When I went the Western Circuit, a case of this fort came before me. I was strongly inclined against the practice, and permitted the plaintiff to go into the general counts, and I consulted Sir Eardli.y Wii.mot, who went the circuit with me, and he approved of it i. It was afterwards mentioned to the other Judges, who concurred with us in opinion. The rule made absolute. l His Lordslup probably meant 1759-Law os Nisi Prius, Ed. of I775. fan is v. Oke, li'incb. Summ. Assizes, p. 130. WHITCOMB agahlji WIIITING. Thursday, 17 th May. JECLARATION, in the common form, on a pro-Theacknow-missory note executed by the defendant; Pleas; the ledgment of general issue, and non atjumpftt infra sex annos; Replica-one"tofsc? tr j.rl r rrf J r. j 1 vcral drawers tion, ajfumpjit infra sex anno J. lhe caule was tried be-0f a joint and fore Hotham, Bar en, at the last Assizes for Hampshire, several pro's he plaintiff produced a joint and several note executed rnifl'ory note, by the defendant, and three others; and, having proved, a 'iout payment, by one of the others, of interest on the note, r i;l-!-ute and part ot the principal, within six years, and the Judge as against the thinking that was sufficient to take the case out of the others, and statute, as against the defendant, a...show more

Product details

  • Paperback | 206 pages
  • 189 x 246 x 11mm | 376g
  • Rarebooksclub.com
  • Miami Fl, United States
  • English
  • black & white illustrations
  • 1236491459
  • 9781236491459