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1814-01-01 to 1814-12-31 |
Gould, James |
Debt is usually defined as a sum of money due by certain and express contract, as where one is bound by bond to pay a sum certain, the sum to be paid is the debt. |
Action for debt, Volume 7 Debt |
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1814-01-01 to 1814-12-31 |
Gould, James |
Notes. Personal actions are all of the same kind & degree, but in real actions there are three grades or degree settled in [name] case |
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1814-01-01 to 1814-12-31 |
Gould, James |
Petition for the sale of real estate for the payment of debts by administrator. |
Legal forms, Volume 2 Petitions |
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1814-01-01 to 1814-12-31 |
Gould, James |
Detinue lies for the recovery of a specific personal chattel and is in the nature of a bill in chancery for the judgment commands a specific restoration |
Action of detinue, Volume 7 Detinue |
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1814-01-01 to 1814-12-31 |
Gould, James |
Where an action is brought in the Common Pleas against an absent debtor on Mass Act 1735 or 1798 and reviewed |
Action for debt, Volume 2 Notes to the writ of review |
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1814-01-01 to 1814-12-31 |
Gould, James |
Writ of wast by the assignees of the reversion as the assignee of the title |
Legal forms, Volume 2 Writ of waste |
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1814-01-01 to 1814-12-31 |
Gould, James |
Thus far of the general view of pleading. I shall now lay down some general rules with relation to pleadings in general. |
Pleas & pleadings, Volume 1 General rules of pleading |
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1814-01-01 to 1814-12-31 |
Gould, James |
The declaration is the first stage in the pleadings & being the foundation of the suit, must contain all that is essential to the plaintiff's right of action. |
Pleas & pleadings, Volume 1 Declaration |
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1814-01-01 to 1814-12-31 |
Gould, James |
This action is founded on a contract, either express or implied, that one who has received the property of another to account for, will account for it. |
Action of account, Volume 7 Account |
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1814-01-01 to 1814-12-31 |
Gould, James |
According to the strict theory of the Common Law, a request by the plaintiff in all actions sounding in contract is necessary always. |
Notice & request, Volume 7 Notice & request |
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1814-01-01 to 1814-12-31 |
Gould, James |
On this subject, the rules are well settled in the books, but no reasons are assigned for them. I conceive that they are founded on a few fundamental rules. |
Pleas & pleadings, Volume 1 Declaration joinder of parties |
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1814-01-01 to 1814-12-31 |
Gould, James |
Pleadings are defined to be the mutual altercations of the parties, i.e., plaintiff & defendant, in a suit put into legal form & set down in writing. |
Pleas & pleadings, Volume 1 Pleas definition |
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1814-01-01 to 1814-12-31 |
Gould, James |
The declaration or count is the first stage of the pleadings; this contains a statement of the grounds upon which the plaintiff founds his right of recovery. |
Pleas & pleadings, Volume 1 Pleas description |
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1814-01-01 to 1814-12-31 |
Gould, James |
For the rules respecting the manner of setting forth a special defence, I refer you to the action of covenant broken, where all the distinctions were fully & minutely considered. |
Pleas & pleadings, Volume 5 Special defence |
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1814-01-01 to 1814-12-31 |
Gould, James |
Yet where there are two counts, one of which is good & the other bad, the declaration will be sufficient on demurrer; |
Pleas & pleadings, Volume 9 Arrest of judgment |
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1814-01-01 to 1814-12-31 |
Gould, James |
On the other hand, pleas which form a complete & proper issue must conclude to the country, for if one party might conclude such plead with a verification, the other |
Pleas & pleadings, Volume 5 Complete & proper issue |
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1814-01-01 to 1814-12-31 |
Gould, James |
Agreeably to the general principles on which the rules relating to duplicity are gounded, every plea must be simple, entirely connected to a simple point. |
Pleas & pleadings, Volume 6 Duplicity |
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1814-01-01 to 1814-12-31 |
Gould, James |
The general rule was the same at Common Law, if one of the plaintiffs died, even after verdict, if he died before judgment, it would abate the suit. |
Pleas & pleadings, Volume 3 Pleas in abatement |
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1814-01-01 to 1814-12-31 |
Gould, James |
It is a general rule of the Courts that when a party declared on or otherwise pleads a deed & makes title under it, he must make a profert or plead it with a profert. |
Pleas & pleadings, Volume 6 Profert and oyer |
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1814-01-01 to 1814-12-31 |
Gould, James |
A traverse in the language of pleading is a denial of some particular point of fact alleged in the pleading & always tenders an issue. |
Pleas & pleadings, Volume 5 Traverse |
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1814-01-01 to 1814-12-31 |
Gould, James |
If two are sued on a contract where one only is liable, advantage may be taken of the misjoinders under the general issue. |
Pleas & pleadings, Volume 3 Misjoinder of defendants |
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1814-01-01 to 1814-12-31 |
Gould, James |
Departure in the language of pleading is the dereliction of a former defence or claim for another which is distant from it, or does not fortify it. |
Pleas & pleadings, Volume 8 Departure |
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1814-01-01 to 1814-12-31 |
Gould, James |
A demurrer to evidence, tho' attended with some intricacy, is one of the most nicely adjusted parts of the science of pleading. |
Pleas & pleadings, Volume 8 Demurrer to evidence |
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1814-01-01 to 1814-12-31 |
Gould, James |
Is the undue issuing of a writ & so in general is any irregularity or informality in a writ. |
Pleas & pleadings, Volume 3 Seventh cause of abatement |
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1814-01-01 to 1814-12-31 |
Gould, James |
Pleas to the action or pleas in bar are of two kinds, the general issue & special pleas in bar. The general issue as well as a special plea to the actions is a plea in bar. |
Pleas & pleadings, Volume 4 Pleas to the action or pleas in bar |
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1814-01-01 to 1814-12-31 |
Gould, James |
Is that the action is misconceived. Thus when the plaintiff sues in case, when it is manifest from his writ or declaration that his action should have been debt or account |
Pleas & pleadings, Volume 3 Eighth cause of abatement |
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1814-01-01 to 1814-12-31 |
Gould, James |
I have now presented to you with all the enumerated causes of abatement. I shall now make a few remarks as to the mode of pleading in abatement. |
Pleas & pleadings, Volume 3 Mode of pleading in abatement |
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1814-01-01 to 1814-12-31 |
Gould, James |
To arrest the judgment is to stop or stay or prevent it. |
Pleas & pleadings, Volume 8 Arrest of judgment and repleader |
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1814-01-01 to 1814-12-31 |
Gould, James |
But either party may avoid such admissions as far as they regard another suit by protestation. |
Pleas & pleadings, Volume 5 Protestation |
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1814-01-01 to 1814-12-31 |
Gould, James |
A demurrer is a denial of the legal sufficiency of the allegations to which it extends. |
Pleas & pleadings, Volume 8 Demurrer |
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1814-01-01 to 1814-12-31 |
Gould, James |
I will now endeavor to explain the utility of an inducement when the traverse is a technical one. |
Pleas & pleadings, Volume 5 Inducement |
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1814-01-01 to 1814-12-31 |
Gould, James |
Index to writs. Account, assumpsit, declaration, covenant, deceit, disturbance, error, Petitions in these books are transferred to that containing forms of instruments. |
Index, Volume 2 Index to writs |
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1814-01-01 to 1814-12-31 |
Gould, James |
A repleader is awarded to give the parties an opportunity of pleading over again. |
Pleas & pleadings, Volume 8 Repleader |
