Reports of Cases Decided by the English Courts: With Notes and References to Kindred Cases and Authorities, Volume 1 |
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Page 12
If the words , fairly read , are not capable of the above - mentioned construction , I
think it the duty of the Court to hold that they ought not to be submitted to a jury . I
am unable to see in the words of the alleged libel any imputation on the ...
If the words , fairly read , are not capable of the above - mentioned construction , I
think it the duty of the Court to hold that they ought not to be submitted to a jury . I
am unable to see in the words of the alleged libel any imputation on the ...
Page 14
Negligence — Action — Pleading - Insufficiency of Declaration . Declaration , that
the defendant was possessed of yew trees , the clippings off which he knew to be
poisonous , and that it was the duty of the defendant to prevent the clippings ...
Negligence — Action — Pleading - Insufficiency of Declaration . Declaration , that
the defendant was possessed of yew trees , the clippings off which he knew to be
poisonous , and that it was the duty of the defendant to prevent the clippings ...
Page 15
The duty alleged does not follow from the facts stated in the * declaration . It does
not charge that the defendant put the [ 32 yew tree clippings on the land of the
plaintiff . It does not appear who clipped the yew trees . A trespasser may have ...
The duty alleged does not follow from the facts stated in the * declaration . It does
not charge that the defendant put the [ 32 yew tree clippings on the land of the
plaintiff . It does not appear who clipped the yew trees . A trespasser may have ...
Page 16
These are the only facts from which the duty 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 clippings off the said ...
These are the only facts from which the duty 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 clippings off the said ...
Page 62
It is the duty of a sheriff to execute a writ directed to him , and to make a true
return . But this duty is only imposed upon him for the benefit of the creditor ; and
if he can absolutely negative the possibility of any advantage accruing to the
creditor ...
It is the duty of a sheriff to execute a writ directed to him , and to make a true
return . But this duty is only imposed upon him for the benefit of the creditor ; and
if he can absolutely negative the possibility of any advantage accruing to the
creditor ...
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action agent agreed agreement alleged allowed amount answer appears apply appointed assigns authority benefit bill bound broker called canal carried cause charge circumstances claim consequence considered construction contract Court covenant custom damage death debt deceased decision deed defendant directed directors doubt duty effect entered entitled evidence execution executor fact firm further give given ground Gurney held husband intended interest issue judge judgment jury land Law Rep letter liable limited London Lord March matter means mines necessary notice object obtained opinion owner paid parties payment person plaintiff possession present principal promise proved purchase question Railway reason received referred Reports respect rule shares ship signed statute sufficient suit taken tion trust whole wife
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 393 - 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 730 - 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 392 - 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 690 - ... 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.
Bibliographic information
| Title | Reports of Cases Decided by the English Courts: With Notes and References to Kindred Cases and Authorities, Volume 1 |
| Author | Nathaniel Cleveland Moak |
| Contributor | John Thomas Cook |
| Publisher | William Gould, 1872 |
| Export Citation | BiBTeX EndNote RefMan |