A General Abridgement of Law and Equity Volume 7; Alphabetically Digested Under Proper Titles with Notes and References to the Whole (Paperback)

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. 1791 Excerpt: ...&c. the jury as to 66 acres give damages, &c. and as to the five acres, residue give damages, &c. whereas it ought to have been as to the four acres residue, yet this being only a miscounting of the jury, and no damage accrues to any by the mistake, the plaintist had judgment. Sty. 296. Mich. 1651. Creflit v. Burgis. 16. A. was indebted to J. S. in 61. and B. (A's son) zvas indebted to y. S. in 63/. A. in consideration that J. S. would forbear suing for the debts for a month, promised to pay both debts. J. S. brought an atJion for the 69/. and had judgment. For it shall be intended, that the 69/. are given as damages for the 61. and in this respect the plaintiff had good cause of action; for the assumpsit being to pay 69I. is intirc, and cannot be apportioned by the plaintiff, and therefore upon this assumpsit he cannot have action for the 61. only. Sid. 38. pi. 8. Pasch. 13 Car. 2. C. B. Best v. Jolly. 17. Where there are two considerations, whereof the one is goods and the other is void, the damages given (hall be intended to be 194 3 all given for the good consideration. Sid. 38. pi. 8. Pasch. IJ Car. 2. C. B. in a nota in the cafe of Best v. Jolly. 18. In trespass the plaintiff declared of an assault, battery and wounding, the defendant pleaded not guilty, quoad thefirce, and at to the assault and battery, &c. molliter mantn imposuit; upon which they were at issue; and the jury found the defendant guilty de injuria sua propria, and so recited the whole declaration of the assault assault, battery and wounding, (where the wounding was not in issue, ) and gave damages occasione transgressionis illiu? to 20I. Error was brought and assigned, and all the Court praeter Windham held, that it shall be intended, that the damages are give..