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 125
... illegal . So far therefore as re- spects the deduction the statute has a retrospective operation to make it void , but it would be doing great injustice to extend it farther than either the words or the intention of the act can be ...
... illegal . So far therefore as re- spects the deduction the statute has a retrospective operation to make it void , but it would be doing great injustice to extend it farther than either the words or the intention of the act can be ...
Page 126
... illegal , to the plaintiff's right to recover , on the ground , first , of the plain- retained 381. , the remainder of the price agreed upon , with directions from G. C. to pay it over to the plaintiff for his agency , which he pro ...
... illegal , to the plaintiff's right to recover , on the ground , first , of the plain- retained 381. , the remainder of the price agreed upon , with directions from G. C. to pay it over to the plaintiff for his agency , which he pro ...
Page 127
... illegal as between the parties , although the act imposed a penalty upon the agents negotiating such pur- chase . But even admitting the contract between G. C. and the defendant to be illegal , that will not preclude the plaintiff from ...
... illegal as between the parties , although the act imposed a penalty upon the agents negotiating such pur- chase . But even admitting the contract between G. C. and the defendant to be illegal , that will not preclude the plaintiff from ...
Page 128
... illegal contract between the plaintiff and a third person . Vaughan , Serjt . contrà . The sum recovered by the plaintiff is not money had and received by the defendant to the plaintiff's use , but is money retained and withholden by ...
... illegal contract between the plaintiff and a third person . Vaughan , Serjt . contrà . The sum recovered by the plaintiff is not money had and received by the defendant to the plaintiff's use , but is money retained and withholden by ...
Page 138
... illegal , and it is the duty of the officer to command . The counsel for the plaintiff take far too narrow a view of the military relation , when they suppose it to be a contract to per- form particular acts , and that if a special ...
... illegal , and it is the duty of the officer to command . The counsel for the plaintiff take far too narrow a view of the military relation , when they suppose it to be a contract to per- form particular acts , and that if a special ...
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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...