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 5Saunders and Benning, 1835 - Law reports, digests, etc |
From inside the book
Results 1-5 of 100
Page 12
... claims a right to have the water for the use of his mill . Cur . adv . vult . DENMAN C. J. , in this term , delivered the judgment of the Court . After stating the pleadings , his Lordship proceeded as follows : - The substance of the ...
... claims a right to have the water for the use of his mill . Cur . adv . vult . DENMAN C. J. , in this term , delivered the judgment of the Court . After stating the pleadings , his Lordship proceeded as follows : - The substance of the ...
Page 80
... claims , and demands for or upon account of the same , but wholly neglected and re- fused so to do , and by reason and on account thereof the said bond became forfeited , and an action accrued thereon to the said Anne against the ...
... claims , and demands for or upon account of the same , but wholly neglected and re- fused so to do , and by reason and on account thereof the said bond became forfeited , and an action accrued thereon to the said Anne against the ...
Page 81
... claim is to indemnity for loss actually sustained . But the defendant's covenant was , in effect , to pay , as well as to indemnify . The Court will collect this from the whole of the contract between the parties , as set out So in ...
... claim is to indemnity for loss actually sustained . But the defendant's covenant was , in effect , to pay , as well as to indemnify . The Court will collect this from the whole of the contract between the parties , as set out So in ...
Page 91
... claim the estate . " If the fact of death be erroneously pre- sumed , the error may be repaired ; but not so a wrong presumption as to the time , which may send an estate into a different line of descent . Many cases have arisen in the ...
... claim the estate . " If the fact of death be erroneously pre- sumed , the error may be repaired ; but not so a wrong presumption as to the time , which may send an estate into a different line of descent . Many cases have arisen in the ...
Page 92
... claim accrued by it . A similar question of this kind arose in the case of a woman and her housekeeper , who were murdered at the same time at Portsmouth , the mistress having left the housekeeper the whole of her property . [ Parke J ...
... claim accrued by it . A similar question of this kind arose in the case of a woman and her housekeeper , who were murdered at the same time at Portsmouth , the mistress having left the housekeeper the whole of her property . [ Parke J ...
Other editions - View all
Common terms and phrases
act of parliament action admitted aforesaid agreement annuity ants appear assigned ASSUMPSIT attorney award bankrupt bill bill of lading Bishop Wearmouth bond clause co-parceners Collard commissioners common contrà contract copyhold Court covenant creditor debt declaration deed defendant delivered delivery demise Denman C. J. devise discharged Doɛ emblements entitled evidence executors feoffment GALLINI grant ground heirs held Hilary term indenture Inhabit intention issue judgment jury justices KING Lade Bank land lease lessee lessor liable Littledale Lord Lord Tenterden manor matter Matthew Knight ment mentioned messuages occupied opinion order of removal owner paid parish Parke parties PATTESON pauper payment person plaintiff plea possession premises proprietor quashed question recover rent replevin rule seisin settlement shewed cause ship statute steward surrender surrenderee Taunton tenant tenements term testator thereof township trial vendee vendor verdict void Wearmouth Westzinthus wife words Yates
Popular passages
Page 54 - ... or any interest in or concerning them, or upon any agreement that is not to be performed within the space of one year from the making thereof, unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing and signed by the party to be charged therewith...
Page 148 - Now know ye, that the UNITED STATES OF AMERICA, in consideration...
Page 1049 - Term) moved accordingly, and also for a rule to shew cause why there should not be a new trial on the ground...
Page 1047 - Watson now moved for a rule to shew cause, why the nonsuit should not be set aside, and a new trial had, on the ground of misdirection.
Page 50 - BY the 4th section of the statute of frauds," it is enacted that " no action shall be brought whereby to charge any person upon any contract or sale of lands, tenements, or hereditaments, or any interest in or concerning them, unless the agreement upon which such action shall be brought, or some memorandum or 'note thereof, shall be in writing, and signed by the party to be charged therewith, or some other person thereunto by him lawfully authorized.
Page 41 - E., now moved for a rule, to shew cause why the verdict should not be set aside, and a...
Page 1083 - ... he took it under circumstances which ought to have excited the suspicion of a prudent and careful man.
Page 130 - ... the defendant or defendants in such action or suit to be brought may plead the general issue, and give this Act and the special matter in evidence at any trial to be had thereupon, and that the same was done in pursuance and by the authority of this Act...
Page 1109 - In debt on specialty or covenant, the plea of non est factum shall operate as a denial of the execution of the deed in point of fact only, and all other defences shall be specially pleaded, including matters which make the deed absolutely void, as well as those which make it voidable.
Page 855 - A verdict having been found for the defendant, a rule nisi was obtained for a new trial, on the ground that the evidence had been improperly received.