Reports of Cases Argued and Determined in the Court of Common Pleas, and Other Courts: With Tables of the Cases and Principal Matters, Volume 8J. Butterworth and Son, 1834 - Law reports, digests, etc |
From inside the book
Results 1-5 of 78
Page 9
... objected that the Plaintiff has no authority to sue : but the contract in question was made by him in his character of receiver , and not as agent of the creditors , and in his character of receiver he is entitled to sue . As to the ...
... objected that the Plaintiff has no authority to sue : but the contract in question was made by him in his character of receiver , and not as agent of the creditors , and in his character of receiver he is entitled to sue . As to the ...
Page 13
... objected that this award was not final , and was void for uncertainty . The arbitrator should have disposed of the cause and of the matters in difference separately . The 347. might have been overpaid upon a general balance of other ...
... objected that this award was not final , and was void for uncertainty . The arbitrator should have disposed of the cause and of the matters in difference separately . The 347. might have been overpaid upon a general balance of other ...
Page 17
... objection , for the words " assignees as aforesaid " might be rejected as surplusage . payment to them , assignees as aforesaid , instead of as aforesaid : assignees as Held , suffi- cient on spe- cial demurrer . Judgment for Plaintiffs ...
... objection , for the words " assignees as aforesaid " might be rejected as surplusage . payment to them , assignees as aforesaid , instead of as aforesaid : assignees as Held , suffi- cient on spe- cial demurrer . Judgment for Plaintiffs ...
Page 30
... objection , stated , that the verdict in the King's Bench had been obtained before the death of Mrs. Bridges , and was taken sub- ject to the award of an arbitrator as to the amount , which award was also made before the death of Mrs ...
... objection , stated , that the verdict in the King's Bench had been obtained before the death of Mrs. Bridges , and was taken sub- ject to the award of an arbitrator as to the amount , which award was also made before the death of Mrs ...
Page 31
... objection , he cited Barker , Administratrix , v . Braham ( a ) , where a judgment in B. R. was ordered to be set ... objections have been made to the set - off . It has not been urged that the judgments of one Court cannot be set off ...
... objection , he cited Barker , Administratrix , v . Braham ( a ) , where a judgment in B. R. was ordered to be set ... objections have been made to the set - off . It has not been urged that the judgments of one Court cannot be set off ...
Common terms and phrases
action admitted advowson affidavit aforesaid agreement ALDERSON alleged amount annuity appears apply assigns assumpsit attorney bankrupt bill bishop BOSANQUET cargo chattel church claim codicil commence contended contract costs Court covenant creditors damages debt debtor declaration deed Defendant Defendant's devise discharged Earl of Stirling effect entered entitled evidence executed executors fendant freighter GASELEE grant ground heir held insolvent intention issue Judge judgment jury King's Bench land lease London Lord Lord Ellenborough Lord Tenterden Martinmas ment MIREHOUSE nonsuit Nuth objection obtained a rule paid party payable payment peers person Plaintiff plea pleaded prebend prebendary premises proceedings question received RENNELL rent right of presentation rule nisi sail sheriff shewed cause ship statute sufficient surety Taylor tenant term testator thereof tiff TINDAL C. J. trial Truro trust Tupling verdict vessel Vice Admiralty Court void voyage warrant wife Wilde Serjt writ
Popular passages
Page 301 - Acts or this Act, as to One or more of such Joint Contractors, or Executors or Administrators, shall nevertheless be entitled to recover against any other or others of the Defendants, by virtue of a new Acknowledgment or Promise, or otherwise, Judgment may be given and Costs allowed for the Plaintiff as to such Defendant or Defendants against whom he shall recover, and for the other Defendant or Defendants against the Plaintiff.
Page 225 - 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 506 - ELF.. and for the sake of attaining uniformity, consistency, and certainty, we must apply those rules where they are not plainly unreasonable and inconvenient, to all cases which arise ; and we are not at liberty to reject them and to abandon all analogy to them, in those to which, they have not yet been judicially applied, because we think that the rules are not as convenient and reasonable as we ourselves could have devised. It appears to me...
Page 170 - In witness whereof the said parties have hereunto set their hands, the day and year first above written.
Page 533 - The law therefore has wisely ordained, that the parson, quatenus parson, shall never die, any more than the king : by making him. and his successors a corporation. By which means all the original rights of the parsonage are preserved entire to the successor : for the present incumbent, and his predecessor who lived seven centuries ago, are in law one and the same person ; and what was given to the one was given to the other also.
Page 303 - Provided always, that nothing herein contained shall alter or take away or lessen the Effect of any Payment of any Principal or Interest made by any Person whatsoever...
Page 293 - No set-off of damages or costs between parties shall be allowed to the prejudice of the attorney's lien for costs in the particular suit against which the set-off is sought, provided, nevertheless, that interlocutory costs in the same suit, awarded to the adverse party, may be deducted.
Page 264 - ... that the examinant or deponent is beyond the jurisdiction of the court, or dead, or unable from permanent sickness or other permanent infirmity to attend the trial...
Page 183 - ... contention, or endanger the peace of society. If, for instance, my horse is taken away, and I find him in a common, a fair, or a public inn, I may lawfully seize him to my own use; but I cannot justify breaking open a private stable, or entering on the grounds of a third person, to take him, except he be feloniously stolen; but must have recourse to an action at law.
Page 86 - EB, deceased, at the time of the making of the said indenture, was seised in his demesne, as of freehold for the term of his natural life, of and in the said demised premises, with the appurtenances...