Reports of Cases Argued and Determined in the Courts of Common Pleas, and Exchequer Chamber, and in the House of Lords: From Easter Term 36 Geo. III. 1796, to [Hilary Term 44 Geo. III. 1804] ... Both Inclusive. With Tables of the Cases and Principal Matters, Volume 3J. Butterworth & Son, 1826 - Law reports, digests, etc |
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Results 1-5 of 52
Page 9
... contrà contended , that the rule established by the cases was , that an executor could not be sued in the same action for a debt owing from his testator , and a debt owing from himself , on account of the different judgments which would ...
... contrà contended , that the rule established by the cases was , that an executor could not be sued in the same action for a debt owing from his testator , and a debt owing from himself , on account of the different judgments which would ...
Page 13
... contrà admitted , that if the Defendant had obtained time to plead upon the terms of taking short notice of trial for London or Middleser , he would thereby have waved his right to change the venue ( a ) , but insisted that the ...
... contrà admitted , that if the Defendant had obtained time to plead upon the terms of taking short notice of trial for London or Middleser , he would thereby have waved his right to change the venue ( a ) , but insisted that the ...
Page 14
... contrà insisted , that as the bail had surren- dered within the time allowed by the practice of the Court , they were perfectly regular , and ought not to be called upon to pay the costs of the action in the recognizance ; that in fact ...
... contrà insisted , that as the bail had surren- dered within the time allowed by the practice of the Court , they were perfectly regular , and ought not to be called upon to pay the costs of the action in the recognizance ; that in fact ...
Page 15
... contrà insisted , that money can never be paid into Court but where the damages are mere matter of computa- tion , as was laid down by Lord Mansfield in 2 Burr . 1120 .; therefore it had been disallowed in actions for dilapidations ...
... contrà insisted , that money can never be paid into Court but where the damages are mere matter of computa- tion , as was laid down by Lord Mansfield in 2 Burr . 1120 .; therefore it had been disallowed in actions for dilapidations ...
Page 20
... contrà . Particular modes of revoking a will of lands or any clause thereof having been pointed out by the statute of frauds , the Court cannot inquire what was the inten- tion of the testator in obliterating certain parts of his will ...
... contrà . Particular modes of revoking a will of lands or any clause thereof having been pointed out by the statute of frauds , the Court cannot inquire what was the inten- tion of the testator in obliterating certain parts of his will ...
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Common terms and phrases
act of parliament action aforesaid agreement alleged American bottom appears apply assignment assumpsit assured attorney bankrupt Best Serjt bills of lading capture cargo CHAMBRE circumstances claim command Commissioners condemnation considered consignee contended contrà contract count Court of Chancery court of equity covenant creditors debt declaration Defendant Defendant's delivered devise discharged East effect embargo entered entitled evidence execution executor fendant flag officer freight given Greatham ground heirs insured issue judgment jury King King's Bench latter liable lien London Lord ALVANLEY Ch Lord Kenyon Lord Mansfield Lord NELSON master ment notice opinion owner paid parties payment person Plaintiff Plaintiff in error plea pleaded port premises present prize proceeded proclamation proof question received recover respect rule sentence sheriff shewed cause ship statute taken testator thereof tiff tion trustees underwriters verdict vessels voyage wages warrant words writ
Popular passages
Page 338 - But when the party by his own contract creates a duty or charge upon himself, he is bound to make it good, if he may, notwithstanding any accident by inevitable necessity, because he might have provided against it by his contract.
Page 84 - interest or no interest", or "without further proof of interest than the policy itself", or "without benefit of salvage to the insurer...
Page 292 - ... not exceeding what she can reasonably stow and carry, over and above her tackle, apparel, provisions, and furniture ; and being so loaded, shall therewith proceed to or so near thereunto as she may safely get...
Page 292 - Merchant a full and complete cargo which is to be brought to and taken from alongside at Merchant's Risk and Expense, and not exceeding what she can reasonably stow and carry over and above her tackle, apparel, provisions, and furniture...
Page 196 - Parliament ? this is the difference, viz., where H. covenants not to do an act or thing which was lawful to do, and an Act of Parliament comes after, and compels him to do it, the statute repeals the covenant; so, if H. covenants to do a thing which is lawful, and an Act of Parliament comes in and hinders him from doing it, the covenant is repealed.
Page 292 - That the said ship being tight, staunch and strong, and every way fitted for the voyage...
Page 371 - ... falsely and maliciously spoke and published of and concerning the said plaintiff...
Page 204 - ... must be furnished with sea letters or passports, expressing the name, property, and bulk of the ship, as also the name and place of habitation of the master or commander...
Page 347 - ... with liberty to the plaintiff to move to enter a verdict for him on the issues found for the defendant, with 800/.
Page 223 - which said warrant afterwards and before the return of the said writ, and before the said time when, &c. to wit, on the day and year last aforesaid...