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 8
... sufficient to rely on the second plea . Archbold in reply . The observation , that alleging an omission to take up and deliver is in effect the same as alleging an omission to deliver , is inconsistent with the law laid down in Doctrina ...
... sufficient to rely on the second plea . Archbold in reply . The observation , that alleging an omission to take up and deliver is in effect the same as alleging an omission to deliver , is inconsistent with the law laid down in Doctrina ...
Page 22
... sufficient consideration , if there be either a benefit to the defendant , or a detri- ment to the plaintiff . Here there are both . The as- signee might here sue in the name of the obligee , and this Court would not allow the obligee ...
... sufficient consideration , if there be either a benefit to the defendant , or a detri- ment to the plaintiff . Here there are both . The as- signee might here sue in the name of the obligee , and this Court would not allow the obligee ...
Page 25
... sufficient to arrest the judgment . As to the first , there is sufficient mutuality ; for , al- though 1837 . MORTON against BURN . 1837 . MORTON against BURN . though the agreement to IN THE SEVENTH YEAR OF WILLIAM IV . 25.
... sufficient to arrest the judgment . As to the first , there is sufficient mutuality ; for , al- though 1837 . MORTON against BURN . 1837 . MORTON against BURN . though the agreement to IN THE SEVENTH YEAR OF WILLIAM IV . 25.
Page 44
... sufficient crew , he is not answerable for a subsequent loss , occasioned , proximately , by a peril insured against , though ultimately by neglect in the crew . Such neglect is part of the risk insured against by the assured , who ...
... sufficient crew , he is not answerable for a subsequent loss , occasioned , proximately , by a peril insured against , though ultimately by neglect in the crew . Such neglect is part of the risk insured against by the assured , who ...
Page 47
... sufficient . Then it only appears that the ship , after the commencement of the risk , be- came unseaworthy without the knowledge of the cap- tain or owner ; and that she was lost by some cause which may have been as little connected ...
... sufficient . Then it only appears that the ship , after the commencement of the risk , be- came unseaworthy without the knowledge of the cap- tain or owner ; and that she was lost by some cause which may have been as little connected ...
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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.