Reports of Cases Argued and Determined in the Court of King's Bench: With Tables of the Names of the Cases Argued and Cited, and the Principal Matters, Volume 7Saunders and Benning, 1839 - Law reports, digests, etc |
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Page 5
... claim of damage ( subject to inquiry before a jury ) is founded you ( a ) April 25th , before Lord Denman C. J. , Littledale , Patteson , and Coleridge Js .; and April 28th , before Lord Denman C. J. , Patteson and Coleridge Js . ( b ) ...
... claim of damage ( subject to inquiry before a jury ) is founded you ( a ) April 25th , before Lord Denman C. J. , Littledale , Patteson , and Coleridge Js .; and April 28th , before Lord Denman C. J. , Patteson and Coleridge Js . ( b ) ...
Page 16
... claims of the respec- tive parties , in which the plaintiff's attorney gave proofs , which he conceived to be satisfactory , that Richards had no title . The defendant's attorney , in his affidavit in support of the summons , stated ...
... claims of the respec- tive parties , in which the plaintiff's attorney gave proofs , which he conceived to be satisfactory , that Richards had no title . The defendant's attorney , in his affidavit in support of the summons , stated ...
Page 24
... claim , as , for instance , a set off against the original obligee . But it is clear that no such set off would be allowed in this action ; the forbearance of the equitable suit can therefore be no consideration here . [ Patteson J. You ...
... claim , as , for instance , a set off against the original obligee . But it is clear that no such set off would be allowed in this action ; the forbearance of the equitable suit can therefore be no consideration here . [ Patteson J. You ...
Page 42
... claim for a partial loss is inconsistent with the description of the loss in the declaration , and cannot be grounded on the averment in the plea which has been relied upon . As to the causes of loss this is a time policy ; and , in the ...
... claim for a partial loss is inconsistent with the description of the loss in the declaration , and cannot be grounded on the averment in the plea which has been relied upon . As to the causes of loss this is a time policy ; and , in the ...
Page 43
... , if the vessel is seaworthy at first , the claim of the assured cannot be ( a ) 7 T. R. 160 . defeated 1837 . HOLLING- WORTH against BRODRICK . 1837 . HOLLING WORTH against BRODRICK . defeated by any IN THE SEVENTH YEAR OF WILLIAM IV . 43.
... , if the vessel is seaworthy at first , the claim of the assured cannot be ( a ) 7 T. R. 160 . defeated 1837 . HOLLING- WORTH against BRODRICK . 1837 . HOLLING WORTH against BRODRICK . defeated by any IN THE SEVENTH YEAR OF WILLIAM IV . 43.
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Common terms and phrases
action admissible admitted affidavit aforesaid alleged antè appears apply assignment assumpsit attorney bill bill of lading borough canal Cawston church CHURCH KNOWLE churchwardens cited clause clerk Coleridge contended contrà contract costs Court declaration defendant defendant's delivered demise discharged Doe dem election enacted entitled evidence fact fendant given granted ground heirs held HOCKWORTHY Horbury indenture indorsed inhabitants issue John Marsden judgment jury justices land letters Littledale Lord Denman C. J. mandamus Marsden mayor ment mentioned notice objection opinion overseers paid paper parish party Patteson payment person plaintiff plea pleaded premises present proceedings proved quarter sessions QUEEN question quo warranto received rent repair rule nisi scire facias sect sessions settlement sheriff shewed cause shewn stat statute Streather TATHAM tenant term testator thereof tion trespass trial trustees verdict void wardens Williams WRIGHT against Doɛ writ
Popular passages
Page 417 - And be it enacted, that no such conviction or adjudication made on appeal therefrom shall be quashed for want of form, or be removed by certiorari or otherwise into any of his Majesty's superior courts of record ; and no warrant of commitment shall be held void by reason of any defect therein, provided it be therein alleged that the party has been convicted, and there be a good and valid conviction to sustain the same.
Page 753 - ... hospital for the maintenance and education of exposed and deserted young children...
Page 55 - Saund. 320 a, it is said that "if a day be appointed for payment of money, or part of it, or for doing any other act, and the day is to happen, or may happen, before the thing which is the consideration of the money, or other act...
Page 445 - Vaughan now moved for a rule to shew cause, why the verdict should not be set aside, and a new trial granted.
Page 860 - Every contract made for or about any matter or thing which is prohibited and made unlawful by any statute is a void contract, though the statute...
Page 700 - That each of the respective periods of years herein-before mentioned shall be deemed and taken to be the period next before some suit or action wherein the claim or matter to which such period may relate shall have been or shall be brought into question...
Page 785 - Easter term last, moved for a rule to shew cause why there should not be a new trial, on the ground of the trial having been improperly allowed to take place in the absence of Dr.
Page 902 - And it is ordered, that it be referred to the Master to take an account of the...
Page 117 - IN all actions of assumpsit, except on bills of exchange and promissory notes, the plea of non assumpsit shall operate only as a denial in fact of the express contract or promise alleged, or of the matters of fact from which the contract or promise alleged may be implied by law.
Page 274 - CJ, now delivered the judgment of the Court. — The question in this case is, whether a second application in bastardy can be made by the mother, under 7 & 8 Viet.