The law of pleading and evidence in civil actions: arranged alphabetically: with practical forms: and the pleadings and evidence to support them, Volume 2, Part 2

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R. H. Small, 1851 - Civil procedure - 1417 pages
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Page 1190 - ... when any variance shall appear between the proof and recital, or setting forth on the record, writ, or document on which the trial is proceeding, of any contract, custom, prescription, name, or other matter, in any particular or particulars in the judgment of such court or judge, not material to the merits of the case, and by which the opposite party cannot have been prejudiced in the conduct of his action, prosecution, or defence...
Page 859 - 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...
Page 1260 - Kent, or the custom of any borough, or any other particular custom, shall be in writing, and signed by the party so devising the same, or by some other person in his presence, and by his express directions, and shall be attested and subscribed, in the presence of the said devisor, by three or four credible witnesses, or else they shall be utterly void, and of none effect.
Page 1211 - ... where the misdescription, although not proceeding from fraud, is in a material and substantial point, so far affecting the subject-matter of the contract that it may reasonably be supposed, that, but for such misdescription, the purchaser might never have entered into the contract at all, in such case the contract is avoided altogether, and the purchaser is not bound to resort to the clause of compensation.
Page 1190 - ... which it may become necessary to amend, on such terms, as to payment of costs to the other party, or postponing the trial to be had before the same or another jury, or both payment of costs and postponement, as such court or judge shall think reasonable...
Page 967 - ENACTED, that, On every Such trial, the jury sworn to try the issue may give a general verdict of guilty or not guilty upon the whole matter put in issue...
Page 1252 - ... it shall be sufficient to allege the enjoyment thereof as of right by the occupiers of the tenement in respect whereof the same is claimed for and during such of the periods mentioned in this Act as may be applicable to the case, and without claiming in the name or right of the owner of the fee as is now usually done...
Page 939 - Publication without actual Malice, and without gross Negligence, and that before the Commencement of the Action, or at the earliest Opportunity afterwards, he inserted in such LIBEL AND REGISTRATION. Newspaper or other periodical Publication...
Page 1190 - ... the trial is pending, to be forthwith amended in such *particular by some officer of the court, on payment of such costs (if any) to the other party, as such judge or court shall think reasonable...
Page 1149 - ... due; and if not, one penny to the book-keeper, who shall enter down the price, colour, and marks of the horse, with the names, additions, and abode of the vendee and vendor, the latter being properly attested.

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