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The Attorney's Vade Mecum and Client's Instructor, Treating of Actions
The Attorney's Vade Mecum and Client's Instructor Treating of Actions Author:John Morgan Title: The Attorney's Vade Mecum and Client's Instructor, Treating of Actions: (such as Are Now Most in Use) of Prosecuting and Defending Them: of the Pleadings and Law Subtitle: Also of Hue and Cry. the Subjects Arr. in a Clear and Perspicuous Manner. to the Second Volume Is Added an Appendix, Containing a Few Precedents, Being Copies of Compl... more »ete Records General Books publication date: 2009 Original publication date: 1787 Original Publisher: Printed by Strahan and Woodfall for T. Cadell Subjects: Actions and defenses Civil procedure Criminal procedure Forms (Law) Law / General Law / Civil Procedure Law / Criminal Law / General Law / Criminal Procedure Law / Litigation Notes: This is a black and white OCR reprint of the original. It has no illustrations and there may be typos or missing text. When you buy the General Books edition of this book you get free trial access to Million-Books.com where you can select from more than a million books for free. Excerpt: ACTION UPON THE CASE UPON ASSUMPSIT. I. When an Affumpjit l1es. 1. Upon an implied Promife. An ajfumpf. t lies upon every executory promife not performed, made upon a good con- fideration. Though the promife be not made by exprefs words. As, upon every contraft executory, each party lhall have an ajfampjst againft the other, who does not perform his part of the contract, and fhall recover the whole demand, befides his fpecial lofs, in damages. So, for money due upon an account. If a man receives money or goods to my ufe. An ajjumpjit lies for the nun-performance of an award, where the fubmitiion is by parol. So, for a fine due to the gramee of the King pro licentia concordandi. Or, for a fine aflefled for admittance'to a copyhold. But as Lord Ch. J. Holt (a very able lawyer) was of a contrary opinion, I (hall refer to the cafes. They are 2 Verit. 175. where three judges were of opinion the adtion would lie, againft Holt, 3 Lev. 261. Show. 35. 3 Mod. 240. Cartb. 91. alfo vide as to atiion of debt...« less