A Digest of the Laws of England, Volume 5

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A. Strahan, 1822 - Digests, etc

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Page 334 - ... notwithstanding that such debts are deemed in law to be of a different nature, unless in cases where either of the said debts shall accrue by reason of a penalty contained in any bond or specialty, and in all cases where either the debt for which the action...
Page 333 - Geo. 4, c. 16, s. 50, by which it is enacted, that " where there has been mutual credit given by the bankrupt and any other person...
Page 363 - Where articles contain covenants for the performance of several things, and then one large sum is stated at the end to be paid upon *breach of performance, that must be considered as a penalty ; but where it is agreed that, if a party do such a particular thing, such a sum shall be paid by him, there the sum stated may be treated as liquidated damages.
Page 332 - that where there are mutual debts between the plaintiff and defendant, or if either party sue or be sued as executor or administrator, where there are mutual debts between the testator or intestate and either party, one debt may be set against the other ; and such matter may be given in evidence upon the general issue, or pleaded in bar, as the nature of the case shall require...
Page 221 - Court shall possess appellate jurisdiction, both as to law and fact, and that this jurisdiction shall be subject to such exceptions and regulations as the National Legislature may prescribe. This will enable the Government to modify it in such a manner as will best answer the ends of public justice and security.
Page 52 - Every indictment ought to be so framed as to convey to the party charged a certain knowledge of the crime imputed to him.
Page 334 - ... shall be pleaded in bar, in which plea shall be shown how much is truly and justly due on either side ; and in case the plaintiff shall recover in any such action or suit, judgment shall be entered for no more than shall appear to be truly and justly due to the plaintiff after one debt being set against the other as aforesaid.
Page 547 - ... justify under a sufficient legal process if he had it in fact at the time, although he declared then that he entered for another cause.
Page 362 - A person contracted to build a house upon the land of another. Before it was completed it was destroyed by fire. It was held that he was not thereby excused from the...
Page 260 - ... at a distance of time after the trial, amend the postea, by increasing the damages given by the jury, although all the jurymen join in an affidavit, stating their intention to have been, to give the plaintiff such increased sum, and that they conceived the verdict they had found was calculated to give him such sum...

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