Reports of Cases Decided in the Court of King's Bench, of Upper Canada

Reports of Cases Decided in the Court of King's Bench, of Upper Canada

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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. 1862 edition. Excerpt: ... which writ the sheriff was bound to obey, who would accordingly have detained him until removed by habeas coiyus or discharged by the court; and he was in fact in actual custody for several months. The case of Topping v. Ryan does not apply; there the defendant attempted by a plea in bar to shew that the plaintiff could not bring an action upon his judgment, which is not here contended. Macaulay, in reply, contended that the defendant was in custody upon his surrender, and would have continued so whether the capias ad satisfaciendum had issued against him or not until discharged, as he was, by the court. That writ the court have pronounced ineffectual. The plaintiff therefore has not had his remedy, and is still entitled to it; that Mr. Justice Buller's dictum in Topping v. Ryan clearly shows that the plaintiff is still entitled to his remedy, to all intents and purposes, except as to the arrest of the defendant's person. The intention of the law is first to protect defendants from being harrassed by a second arrest, and, secondly, to give plaintiffs those remedies for their debts which are next in degree. Per Curiam.--Rule discharged. Dalton V. Botts. An item in an account stated, being a sum charged for the price of a lot of land, does not make it incumbent on a plaintiff to prove the agreement respecting such land to have been made in writing. This was an action of assumpsit upon an account stated, tried at the assizes for the Midland district, and a verdict for the plaintiff. The account stated, which was proved at the trial to have been acknowledged by the defendant, contained, among other items, a charge of 50 as being the balance of a sum due upon the purchase of a lot of land. Robinson, Attorney-General, moved for and obtained a...show more

Product details

  • Paperback | 136 pages
  • 189 x 246 x 7mm | 254g
  • Rarebooksclub.com
  • Miami Fl, United States
  • English
  • black & white illustrations
  • 1236542177
  • 9781236542175