Reports of Cases Argued and Determined in the English Courts of Common Law, [1845-1856]: Heretofore Condensed by Thomas Sergeant and Thomas M'Kean Pettit, Now Reprinted in Full, Volume 4
T. & J.W. Johnson, 1852 - Law reports, digests, etc
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act of parliament affidavit aforesaid afterwards agreement alleged amount appear application assigned assumpsit attorney authority bill of sale borough breach burgage burgess cause of action certificate of registry coals Coltman commencement commissioner contract costs count court covenant Cresswell damages debt declaration deed defendant defendant's delivered demurrer discharge Duke of Brunswick duly enacts entitled evidence execution executors ground held Henry Goodered Hilary term indenture intended interpleader issue judgment jury learned judge lessor liable list of voters London Lord matter Maule ment mentioned messuage obtained opinion overseers paid parish party payment person place of abode plaintiff plea plea in abatement pleaded possession premises question recover registered rent replication resp respect revising barrister scire facias seisin Serjt shares sheriff ship statute sufficient summons tenant term thereof tiff tion trespass trial verdict Vict void vote warrant Wilde writ
Page 159 - the proceeds of the wreck of the Royal William were not money had and received by the defendant to the use of the plaintiff, for want of privity between them—and that the wreck and cargo having been sold through the defendant, as the agent of Captain Frazer, and
Page 185 - of lawful money of Great Britain, to be paid to the said Thomas King, or to his certain attorney, executors, administrators, or assigns, for which payment, to be well and faithfully made, we jointly bind ourselves, our heirs, executors and administrators, and each of us severally, separately and apart from the other of us, bindeth himself,
Page 244 - the writ of trial or writ of inquiry, that the action was really brought to try a right besides the mere right to recover damages for the trespass or grievance for which the action shall have been brought, or that the trespass or grievance in respect of which the action was brought,
Page 510 - drawn upon him as aforesaid; thereupon, afterwards, to wit, on the 19th of June 1845, in consideration that the plaintiff, at the request of the defendant, would accept the said bill of exchange so drawn by the said TC Lee upon the plaintiff as aforesaid, and would
Page 65 - in Michaelmas term last, obtained a rule nisi for a new trial, on the grounds of misdirection and that the verdict was against evidence. He referred to Dickinson v. Valpy, 10 B. & C. 128, 5 M. & R. 126; Tredwen v. Bourne, 6 M. & W. 461; Hawtayne v. Bourne, 7 M. & W. 595;
Page 504 - the court should be of opinion that no warranty could be implied from the circumstances above disclosed. Bylea, Serjt., in Michaelmas term last, obtained a rule nisi to enter a verdict for the plaintiff pursuant to the leave reserved, or for a new trial, on the ground of misdirection. He relied on Street v.
Page 102 - report. The rule was not made upon the ordinary consent rule. This motion is founded upon the 18th section of the 1 & 2 Viet. c. 110, which enacts " that all decrees and orders of courts of equity, and all rules of courts of common law, and all orders of the Lord Chancellor,
Page 486 - Serjt., in Michaelmas term last, obtained a rule nisi to enter a verdict for the defendant on the first issue as to the first count, or for a new trial, and to arrest the judgment as to the second count, or for a venire de novo. He cited Fitzherbert's Natura Brevium, 168
Page 88 - Serjt., on behalf of Joseph Stocks, in Michaelmas term, 1847, obtained a rule calling upon the plaintiff to show cause why the rule of the 12th of June, and all proceedings had thereon, should not be set aside, with costs, on the ground of the improper suppression by the plaintiff of material facts which ought