Reports of Cases Argued and Determined in the Court of King's Bench: In Michaelmas, Hilary and Easter Terms in the ... Year[s] of William IV, Volume 2

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Page 34 - ... or any interest in or concerning them, or upon any agreement that is not to be performed within the space of one year from the making thereof, unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing and signed by the party to be charged therewith...
Page 759 - For water is a movable, wandering thing, and must of necessity continue common by the law of nature; so that I can only have a temporary, transient, usufructuary, property therein...
Page 272 - ... shall be entitled to prove his demand in respect of such payment as a debt under the commission, not disturbing the former dividends, and may receive dividends with the other creditors although he may have become surety, liable or bail as aforesaid, after an act of bankruptcy by such bankrupt committed...
Page 33 - CJ, (who, after stating the facts of the case, thus continued.)—By the general rules of the common law, if there be a contract which has been reduced into writing, verbal evidence is not allowed to be given of what passed between the parties, either before the written instrument was made, or during the time that it was in a state of preparation, so as to add to or subtract from, or in any manner to vary or qualify the written contract...
Page 636 - Prohibitions by law are to be granted at any time to restrain a court to intermeddle with, or execute any thing, which by law they ought not to hold plea of, and they are much mistaken that maintain the contrary.
Page 634 - All crimes not capital, and all disorders and neglects, which officers and soldiers may be guilty of, to the prejudice of good order and military discipline, though not mentioned in the foregoing articles of war, are to be taken cognizance of by a general, or a regimental, garrison, or field officers' court-martial, according to the nature and degree of the offense, and punished at the discretion of such court.
Page 157 - Part of any of them respectively ; and all Persons not coming within the Class or Description of Prisoners who may lawfully be committed to or detained in such Prison as shall be appointed by the Justices for the Confinement of One or more Class or Classes of Prisoners, may be removed to the Gaol or House of Correction of the County, Riding or Division...
Page 559 - ... beginning the adventure upon the said goods and merchandizes, from the loading thereof aboard the said ship, at upon the said ship, &c. and so shall continue and endure, during her abode there, upon the said ship, &c. And further, until the said ship, with all her ordnance, tackle, apparel, &c. and goods and merchandizes whatsoever, shall be arrived at upon the said ship, &c.
Page 548 - The jury found a verdict for the plaintiff, with 50 damages. In Michaelmas Term, Whitehurst obtained a rule to shew cause why the verdict should not be set aside, and a nonsuit entered, or a new trial had.
Page 628 - This doctrine of general and particular intent ought to be carried no further than this ; and thus explained, it should be applied to this and all other wills. Another undoubted rule of construction is, that every part of that which the testator meant by the words he has used, should be carried into effect as far as the law will permit, but no further; and that no part should be rejected, except what the law makes it necessary to reject.

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