Reports of Cases Argued and Determined in the Court of Common Pleas and Other Courts from Michaelmas Term, 48 Geo. III. 1807 to Hilary Term, 59 Geo. III. 1819 Inclusive, Volume 4; Volume 15J. Butterworth, 1815 |
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Page 83
... contract to that effect is not of long standing , even in the case where the owners of ships are the plaintiffs ; and as it generates a question whether the time elapsed was a reasonable time , and also what is a reasonable compensation ...
... contract to that effect is not of long standing , even in the case where the owners of ships are the plaintiffs ; and as it generates a question whether the time elapsed was a reasonable time , and also what is a reasonable compensation ...
Page 89
... contract by which they were bound , and it was not the object of the act that where an infant was a party to such contract , he alone should be personally released from it , for the common law would have protected him to that extent ...
... contract by which they were bound , and it was not the object of the act that where an infant was a party to such contract , he alone should be personally released from it , for the common law would have protected him to that extent ...
Page 119
... contract . The plaintiff had notice of conflicting claims , and had no no- tice , until the arrival of the bill of lading , with whom the shipper's order was to be found . He even deserted his duty , in offering to deliver the goods ...
... contract . The plaintiff had notice of conflicting claims , and had no no- tice , until the arrival of the bill of lading , with whom the shipper's order was to be found . He even deserted his duty , in offering to deliver the goods ...
Page 122
... contract which was originally well framed and obligatory between the parties ; and that the true construction , by which the object of the act would be fully attained , was this , that the covenant in question did not vacate the whole ...
... contract which was originally well framed and obligatory between the parties ; and that the true construction , by which the object of the act would be fully attained , was this , that the covenant in question did not vacate the whole ...
Page 124
... contract , covenant , or agreement made for payment in full without deduction of property tax . MANSFIELD , C. J. This is certainly a most extraordinary objection that is made to the validity of a covenant for the pay- ment of an ...
... contract , covenant , or agreement made for payment in full without deduction of property tax . MANSFIELD , C. J. This is certainly a most extraordinary objection that is made to the validity of a covenant for the pay- ment of an ...
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Common terms and phrases
action affidavit afterwards annuity appeared assigned assumpsit attestation bail bankrupt bill of lading bond British broker cargo CHAMBRE cited committed contended contrà contract convoy costs count Court of King's court-martial covenant debt declaration deed defendant defendant's delivered demurrage discharged entitled evidence execution felony feme covert fendant granted ground HEATH held Hilary term House of Commons illegal indorsed intended judgment jury King's Bench Lens libel licence Lord Lord Ellenborough Mansfield ment nisi to set nonsuit obtained a rule opinion paid parish Parliament parties payment person Pillau plaintiff plaintiff in error plea pleaded port possession premises premium prisoner prosecutor proved purchase question received recover refused rent Rule absolute rule nisi sail Serjeant at Arms Serjt Shepherd sheriff shewed cause ship statute tenant thereof Thomas Wood tiff tion trial underwriters Vaughan verdict vessel voyage warrant witness words writ
Popular passages
Page 116 - the rule for jurisdiction is that nothing shall be intended to be out of the jurisdiction of a superior court but that which specially appears to be so, and, on the contrary, nothing shall be intended to be within the jurisdiction of an inferior court but that which is so expressly alleged;" and this rule has been so frequently repeated as to have become a maxim in the law.
Page 138 - 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 364 - HOLMES delivered the opinion of the court. This is a writ of error brought to reverse a judgment of the...
Page 137 - ... is to complain thereof to the commanding officer of the regiment, who is hereby required to summon a regimental courtmartial, for the doing justice to the complainant; from which regimental court-martial either party may, if he thinks himself still aggrieved, appeal to a general court-martial; but if, upon a second hearing, the appeal shall appear to be vexatious and groundless, the person so appealing shall be punished at the discretion of the said general courtmartial.
Page 329 - Upon any kind of goods and merchandises, and also upon the body, tackle, apparel, ordnance, munition, artillery, boat, and other furniture, of and in the good ship or vessel...
Page 412 - And further we be informed by our judges that we at no time stand so highly in our estate royal, as in the time of Parliament; wherein we as head, and you as members, are conjoined and knit together into one body...
Page 534 - ... had and received by the defendant to the use of the plaintiff...
Page 356 - ... good name, fame, and credit, and to bring him into public scandal, infamy and disgrace with and amongst all his...