Reports of Cases Argued and Determined in the Court of King's Bench: With Tables of the Names of the Cases and the Principal Matters, Volume 2J. Butterworth and Son, 1819 - Law reports, digests, etc |
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Page 4
... entitled to a verdict against the defendant Patterson , upon the count in trover ; and upon the re- ference being agreed upon , it was understood , that the arbitrator was in the first instance to inquire , whether the voyage could have ...
... entitled to a verdict against the defendant Patterson , upon the count in trover ; and upon the re- ference being agreed upon , it was understood , that the arbitrator was in the first instance to inquire , whether the voyage could have ...
Page 5
... entitled to consider the owners as responsible , was the proper value , and awarded accordingly , but stated , that if his opinion in this respect were incorrect , the defendants were entitled to a deduction of 750 % . , for the depre ...
... entitled to consider the owners as responsible , was the proper value , and awarded accordingly , but stated , that if his opinion in this respect were incorrect , the defendants were entitled to a deduction of 750 % . , for the depre ...
Page 15
... entitled to any weight . Upon the whole , therefore , it seems to me , that the words " the value of his or their ship or vessel , " must , unless there are some other words to control them , mean the existing value at the time when the ...
... entitled to any weight . Upon the whole , therefore , it seems to me , that the words " the value of his or their ship or vessel , " must , unless there are some other words to control them , mean the existing value at the time when the ...
Page 17
... entitled to recover freight at so much per calendar month to the day of the loss . ( a ) This case was argued at Serjeunts ' Inn . VOL . II . C detained 1818 . GIBBON against MENDEZ . detained in the service IN THE FIFTY - NINTH YEAR OF ...
... entitled to recover freight at so much per calendar month to the day of the loss . ( a ) This case was argued at Serjeunts ' Inn . VOL . II . C detained 1818 . GIBBON against MENDEZ . detained in the service IN THE FIFTY - NINTH YEAR OF ...
Page 20
... entitled to recover freight up to the time of the loss of the ship ; but there then comes a distinct covenant , as to a particular mode in which the freight may be paid ; this latter covenant , however , by no means controuls or ...
... entitled to recover freight up to the time of the loss of the ship ; but there then comes a distinct covenant , as to a particular mode in which the freight may be paid ; this latter covenant , however , by no means controuls or ...
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Common terms and phrases
ABBOTT C. J. act of parliament action affidavit afterwards appears apply appointment assigns ASSUMPSIT attorney authority bail bankrupt barratry BAYLEY bill of exchange Birmingham canal navigations bond borough canal cargo charter-party cited clause considered contended contrà contract costs Court covenant debt declaration deed defendant delivered demised discharged Earl of Orford ejectment entitled evidence execution expressly fendant freight freighter given grant ground heirs Held HOLROYD indenture Inhabit issue judgment jury justices KING land latter learned Judge lease lessee lessor liable Lord Lord Ellenborough mandamus master ment messuage Netherthong nonsuit notice opinion owner paid parish party pauper payment person plaintiff plea pleaded Polesworth possession premises purpose question recover refused rent rule nisi sessions settlement settlor sheriff shewed cause ship statute statute of Anne sufficient tenant term testator thereof tion trial trover trustees verdict voyage words writ
Popular passages
Page 654 - From the variety of cases relative to judgments being given in evidence in civil suits, these two deductions seem to follow as generally true: first, that the judgment of a court of concurrent jurisdiction, directly upon the point, is as a plea, a bar, or as evidence, conclusive, between the same parties, upon the same matter, directly in question in another court...
Page 617 - ... sealed and delivered, in the presence of, and attested by two or more credible witnesses...
Page 522 - ... by reason of some defects in the law poor people are not restrained from going from one parish to another, and therefore do endeavour to settle themselves in those parishes where there is the best stock, the largest commons or wastes to build cottages, and the most woods for them to burn and destroy, and when they have consumed it then to another parish, and at last become rogues and vagabonds, to the great discouragement of parishes to provide stocks where it is liable to be devoured by strangers...
Page 23 - ... manner following: viz., so much as might be earned at the time of the arrival of the ship at her first destined port abroad, to be paid within ten days next after her arrival...
Page 524 - ... appeal to the next General Quarter Sessions of the Peace, to be held for the said county, riding or division, city or town corporate, who, upon hearing of the said appeal, shall have full power finally to determine the same.
Page 139 - A factor is a person to whom goods are consigned for sale by a merchant residing abroad, or at a distance from the place of sale, and he usually sells in his own name...
Page 803 - The following certificate was afterwards sent: — This case has been argued before us by counsel ; we have considered it, and are of opinion, that...
Page 652 - This defense sets up a judgment of nonsuit in a former action between the same parties, and for the same cause of action, in bar of this suit.
Page 81 - Maunsell, share and share alike, to be paid to them at their respective ages of twenty-one years...
Page 193 - ... falsely stated by the defendant, the plaintiff, on producing a certificate from the proper officer or person having the custody of the records or proceedings of the Court where such judgment is alleged to have been recovered, that there is no such record or entry of a judgment as therein stated, shall be at liberty to sign judgment as for want of a plea, by leave of the Court or a Judge.