Reports of Cases Decided by the English Courts: With Notes and References to Kindred Cases and Authorities, Volume 1William Gould, 1872 - Law reports, digests, etc |
From inside the book
Results 1-5 of 84
Page 12
... charge , are not to be encouraged ; but I cannot say that the declaration does not set forth matter for the considera- tion of a jury ; and I cannot , on demurrer , hold that the de- fendant is entitled to succeed . LUSH , J. I cannot ...
... charge , are not to be encouraged ; but I cannot say that the declaration does not set forth matter for the considera- tion of a jury ; and I cannot , on demurrer , hold that the de- fendant is entitled to succeed . LUSH , J. I cannot ...
Page 15
... charge that the defendant put the [ 32 yew tree clippings on the land of the plaintiff . It does not appear who ... charges not an absolute duty to take care of the clippings , but only a duty to prevent them from getting off the ...
... charge that the defendant put the [ 32 yew tree clippings on the land of the plaintiff . It does not appear who ... charges not an absolute duty to take care of the clippings , but only a duty to prevent them from getting off the ...
Page 16
... charged is to be inferred , and it is alleged in the following terms : - " Whereupon it became and was the duty of the defendant to take due and proper care to prevent the said clip- pings off the said yew trees from being put or placed ...
... charged is to be inferred , and it is alleged in the following terms : - " Whereupon it became and was the duty of the defendant to take due and proper care to prevent the said clip- pings off the said yew trees from being put or placed ...
Page 27
... charges of the said distress , and of the appraisement and sale thereof , although part of the said goods was of sufficient value to have satisfied the said arrears and charges , and might then have been distrained by the defendant for ...
... charges of the said distress , and of the appraisement and sale thereof , although part of the said goods was of sufficient value to have satisfied the said arrears and charges , and might then have been distrained by the defendant for ...
Page 38
... charged the defendant as pur- chaser . But Humfrey v . Dale ( 1 ) is binding upon us as to this point . My own impression is , that the right way to declare , if this case should ever go to the House of Lords , would be by a count ...
... charged the defendant as pur- chaser . But Humfrey v . Dale ( 1 ) is binding upon us as to this point . My own impression is , that the right way to declare , if this case should ever go to the House of Lords , would be by a count ...
Other editions - View all
Common terms and phrases
action agent agreement alleged amount appears apply assigns Attorneys authority bill bound breach broker cited claim coal contract Court Court of Equity Court of Exchequer covenant Crédit Foncier creditor custom damage debt deceased decision declaration deed defendant defendant's directors Dudley Canal duty Edmund Gurney effect entered entitled equity Evans evidence Exchequer execution executor executrix fact fendant firm fraud Gurney held husband intended interest John Henry Gurney judgment jury L.JJ land Law Rep Law Reports legacy liable London Lord ment Messrs notice old firm opinion Overend owner paid parties payment personal estate plaintiff plea principal purchase purpose question Railway Company referred respect rule shareholders shares ship Simpson & Co solicitor statute Statute of Frauds surety tallow tenant testator testator's thereof tion trust verdict Vict wife William William Welch words
Popular passages
Page 318 - We think that the true rule of law is, that the person who for his own purposes brings on his lands and collects and keeps there, anything likely to do mischief if it escapes, must keep it in at his peril, and, if he does not do so is prima facie answerable for all the damage which is the natural consequence of its escape.
Page 395 - But nothing herein contained shall render any person who in any criminal proceeding is charged with the commission of any indictable offence, or any offence punishable on summary conviction, competent or compellable to give evidence for or against himself or herself, or shall render any person compellable to answer any question tending to criminate himself or herself...
Page 732 - January, one thousand eight hundred and thirty-eight, and that every will re-executed or republished, or revived by any codicil, shall for the purposes of this act be deemed to have been made at the time at which the same shall be so re-executed, republished, or revived...
Page 193 - The executors and administrators of every person, who, as executor, either of right or in his own wrong, or as administrator, shall have wasted or converted to his own use, any goods, chattels, or estate, of any deceased person, shall be chargeable in the same manner as their testator or intestate would have been, if living.
Page 220 - ... on the other hand, the promisee may, if he thinks proper, treat the repudiation of the other party as a wrongful putting an end to the contract, and may at once bring his action as on a breach of it ; and in such...
Page 133 - ... and that there was no contributory negligence on the part of the plaintiff.
Page 394 - Provided that this Act shall not render competent any party to any suit, action, or proceeding individually named in the record, or any lessor of the plaintiff or tenant of premises sought to be recovered in ejectment, or the landlord or other person in whose right any defendant in replevin may make cognizance, or any person in whose immediate and individual behalf, any action may be brought or defended, either wholly or in part, or the husband or wife of such persons respectively...
Page 692 - ... that it could not have been the intention of the parties that the habendum should operate according to the words.
Page 117 - While, if the Court .should be of opinion that there was no evidence to go to the jury of their having employed Champion to make the levy in this particular place.
Page 18 - Merchandises until the same be there discharged and safely landed ; and it shall be lawful for the said Ship, &c., in this Voyage to proceed and sail to and touch and stay at any Ports or Places whatsoever without Prejudice to this Insurance.