Reports of Cases Argued and Determined in the Court of King's Bench, Volume 4J. Butterworth, 1817 - Law reports, digests, etc |
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Page 11
... prove preg-- nant for the first time at the end of that period , and he should die before it could be known with certainty that she was so , I should think , in such a case , that the birth of a posthumous child would be a strong cir ...
... prove preg-- nant for the first time at the end of that period , and he should die before it could be known with certainty that she was so , I should think , in such a case , that the birth of a posthumous child would be a strong cir ...
Page 13
... proved that only one person constituted the firm of Ellis , Needham , jun . and Co. , therefore it was objected that here was a variance . His Lordship directed a nonsuit , but gave the plaintiffs liberty Thursday , April 13th . A bill ...
... proved that only one person constituted the firm of Ellis , Needham , jun . and Co. , therefore it was objected that here was a variance . His Lordship directed a nonsuit , but gave the plaintiffs liberty Thursday , April 13th . A bill ...
Page 14
... proved contrary to the fact apparent on the face of the bill , the defendant shall not be estopped from doing the same . Lord ELLENBOROUGH C. J. Is not the acceptor , before he accepts a bill drawn upon him in the name of an aggregate ...
... proved contrary to the fact apparent on the face of the bill , the defendant shall not be estopped from doing the same . Lord ELLENBOROUGH C. J. Is not the acceptor , before he accepts a bill drawn upon him in the name of an aggregate ...
Page 22
... proved the indenture , and also an examined copy of the proceedings in the court of Grenada , by which it appeared that the decree passed against the defendant and W. P. in the original suit pro confesso for want of an answer . The ...
... proved the indenture , and also an examined copy of the proceedings in the court of Grenada , by which it appeared that the decree passed against the defendant and W. P. in the original suit pro confesso for want of an answer . The ...
Page 25
... proved that this indorsement was upon the note before the defendants subscribed it ; and there- upon it was objected that it was not a negotiable note within the act of parliament ( a ) , and that an action could not be maintained upon ...
... proved that this indorsement was upon the note before the defendants subscribed it ; and there- upon it was objected that it was not a negotiable note within the act of parliament ( a ) , and that an action could not be maintained upon ...
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Common terms and phrases
2dly act of parliament action aforesaid afterwards alleged annuity appears argued Arkengarthdale assigns assizes ASSUMPSIT authority barley bill BLANC borough charge charter charter-party cited command common law contrà copyholder Court covenant Curiam damage DAMPIER daughter debt declared defendant devise discharged entitled evidence executors expences fendant freight grant Gwill heirs held indenture indictment issue Joinder judgment jurisdiction jury justices KING lands lease lessor liable licence Lisbon London Lord Duncan Lord ELLENBOROUGH C. J. Mair mandamus manor master mayor ment non est factum nonsuit objection officer opinion owner paid parish parties pauper payment person pilot plain plaintiff Plea possession provisions quarter sessions question reason recover rent replevin respect rule nisi seised sessions sheriff shewed cause shewn ship and cargo stat statute stranding Sutton Wick tenant term testator tion tithe trial verdict voyage wife witnesses words writ
Popular passages
Page 410 - 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 regimental court-martial, according to the nature and degree of the offence, and be punished at their discretion.
Page 52 - Warwick, the sessions confirmed the order, subject to the opinion of this Court upon the following case. The order of removal was as follows : — County of Warwick, to wit.
Page 149 - ... foundation in a sacrifice of part for the sake of the rest, but here was no sacrifice of any part by the master, but only of his time and patience, and the damage incurred was by the violence of the wind and weather.
Page 57 - Here the covenant passes with the land to the devisee, and has been broken in the time of the devisee ; for so long as the defendant has not a good title, there is a continuing breach, and it is not like a covenant to do an act of solitary performance, which, not being done, the covenant is broken once for all, but is in the nature of a covenant to do a thing Mies quoties, as the exigency of the case may require.
Page 38 - Maranham, to be advanced by the plaintiff, his agents or assigns, to the defendant, when required, free from interest and commission, at the current exchange of the place, and the residue of such freight to be paid on the delivery of the cargo in Liverpool,, in good and approved bills on London not exceeding three months date.
Page 103 - Surely this goes one step farther; this is something substantially more injurious to this person, than to the public at large, who might only have it in contemplation to use it. And he has been impeded in his progress by the defendants wrongfully mooring their barge across, and has been compelled to unload and to carry his goods over land, by which he has incurred expense, and that expense caused by the act of the defendants. If a man's time or his money are of any value, it seems to me that this...
Page 261 - The only question is whether this is a conversion in the clerk, which undoubtedly was so in the master. The clerk acted under an unavoidable ignorance and for his master's benefit, when he sent the goods to his master: but, nevertheless, his acts may amount to a conversion ; for a person is guilty of...
Page 322 - Bradford ) to regard the substance and not the form; " we must, said he, judge of things as they really are, and not as they appear to be, and therefore we are to consider here whether this be not substantially one entire rent in respect of one entire subject, though artificially divided into several payments.
Page 497 - In this case, it was observed by one of the learned judges that " the distinction had been correctly taken, that, where the Us mota was on the very point, the declarations of persons would not be evidence ; because you cannot be sure, that in admitting the depositions of witnesses, selected and brought forward on a particular side of the question, who embark, to a certain degree, with the feelings and prejudices belonging to that particular side, you are drawing evidence from perfectly unpolluted...
Page 149 - Cur. adv. vult. LORD ELLENBOROUGH, CJ, on this day delivered the judgment of the court. After stating the pleadings, His Lordship said : This demurrer was argued at our sittings before Hilary Term in Serjeants...