Roscoe's Digest of the Law of Evidence on the Trial of Civil Actions, Volume 2Stevens & Sons, 1922 - Civil procedure |
Common terms and phrases
action admissible agent agreement alleged applies assignment authority bailiff bill of sale Bing bona fide breach cause certificate chattels claim common law contract court covenant creditor damages debt deceased deed defendant defendant's delivery demise detinue distrain distress Doe d effect ejectment entitled entry evidence Ex pte execution executor forfeiture fraud fraudulent given grant grantor held indorsed injury judgment jury L. J. Ch L. J. Ex land landlord lease lessee lessor liable libel lien malice marriage mortgage negligence notice to quit nuisance officer owner paid party payment person plaintiff pleaded possession premises primâ facie privileged proof proved railway reasonable receipt recover recovery registered rent replevin sect servant shareholder shares sheriff ship solicitor stat statement of claim statute Statute of Limitations sufficient supra tenant testator thereof transfer trespass trover trustee unless void warrant wife writ
Popular passages
Page 825 - If he does not signify his approval or acceptance to the seller, but retains the goods without giving notice of rejection, then if a time has been fixed for the return of the goods, on the expiration of such time, and, if no time has been fixed, on the expiration of a reasonable time. What is a reasonable time is a question of fact.
Page 907 - Where a lessor is proceeding, by action or otherwise, to enforce such a right of re-entry or forfeiture, the lessee may, in the lessor's action, if any, or in any action brought by himself, apply to the court for relief...
Page 835 - Where the seller of goods has a voidable title thereto, but his title has not been avoided at the time of the sale, the buyer acquires a good title to the goods, provided he buys them in good faith, for value, and without notice of the seller's defect of title.
Page 859 - A right to rescind the sale as limited by this act. (2) Where the property in goods has not passed to the buyer, the unpaid seller has, in addition to his other remedies, a right of withholding delivery similar to and coextensive with his rights of lien and stoppage in transitu...
Page 989 - Kingdom against any person for any act done in pursuance, or execution, or intended execution of any Act of Parliament, or of any public duty or authority...
Page 1040 - India warrants, warehousekeepers certificates, warrants or orders for the delivery of goods, or any other documents used in the ordinary course of business as proof of the possession or control of goods, or authorising or purporting to authorise, either by indorsement or by delivery, the possessor of such document to transfer or receive goods thereby represented...
Page 825 - Unless a different intention appears, the following are rules for ascertaining the intention of the parties as to the time at which the property in the goods is to pass to the buyer.
Page 832 - document of title" shall include any bill of lading, •dock warrant, warehouse-keeper's certificate, and warrant or order for the delivery of goods, and any other document used in the ordinary course of business as proof of the possession or control of goods, or authorizing or purporting to authorize, either by endorsement or by delivery, the possessor of the document to transfer or receive goods thereby represented...
Page 1025 - A married woman shall be capable of entering into and rendering herself liable in respect of and to the extent of her separate property on any contract, and of suing and being sued, either in contract or in tort, or otherwise, in all respects as if she were a feme sole, and her husband need not be joined with her as plaintiff or defendant, or be made a party to any action or other legal proceeding brought by or taken against her...
Page 686 - In any case where the workman knew of the defect or negligence which caused his injury, and failed within a reasonable time to give, or cause to be given, information thereof to the employer or some person superior to himself in the service of the employer, unless he was aware that the employer or such superior already knew of the said defect or negligence.