A general abridgment of law and equity Volume 10 ; alphabetically digested under proper titles, with notes and references to the whole - Tapa blanda

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: ...to pay the money, if the plaintiff would take an oath that it was due to him; and the plaintiff averred that he swore it before a majitr in cbaneery; and adjudged for the plaintiff. Raym. 1 53. I'afch. 18 Car. 2. B. R. Bretton v. Prcttiman.----Sid. 283. pi. 17. Brett v. Prcttiman, S. C. accordingly.---2 Keb. 26. pi. 55. S. C. adjornatur.--Ibid. 44. pi. 91. S. C. and held ita good con. sioeration, be it before a master in chancery, or before ar.y man living, this being intended of a.. i»n talk; and judgment for the plaintiff. So where the consideration was, that B. would procure C. to make oath before a master in chancery, it is a good consideration; and judgment for the plaintiff. 2 Sid. 123. Mich. 165S. B. R. Perkins v. Bmke. bo if it was to be before a judge of ajjije. Ibid, cited by Newd;gatc J. as the cafe of Kirket v. Frankmer. Yelv. 19. 23. Assumpsit, &C. for that B. being outlawed, after a judgment Hu"eyES T' atalTift him by the plaintiff, the defendant, in consideration the plainS. C. 'ad-tiff would forbear to proceed upon the capias utlagutum, promised that if judged ac-the said B. did not pay the debt he would. After verdict, it was cordir.gly. moved that the consideration was against law, because the process was at the suit of the king, but Gawdy, Fenner, and Yelverton held the consideration good; for the process is at the suit of the party as well as of the king; but Popham e contra. Judgment for the plaintiff nisi, &c. Cro. Eliz. 909. pi. 21. Mich. 44 & 45 Eliz. B. R. Jennings v. Harley. Godb. 250. 24. H. was in execution at the suit of D;--B. came to M. the pl. 346. gaoler, and'promised him, that in consideration hewouldpermit H. to go Tac' B.'k. at krgfi that H. should pay the debt into court by a certain day, to sa tisf...