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according act of Parliament action applied argument assignee Bing Chit cited common law consequence considered construed contract Court court of equity covenant Crown damage debet deed defendant Dwarr Earl East Eastern Counties Railway emblements entitled equity error evidence execution executor facit fact freehold Grand Junction Railway grant heir held indictment injury Inst instance instrument intention Jenk judge judgment jure jurisdiction jury justice king land lease legis legislature lessee lessor liable Litt Lord Brougham Lord Cottenham Lord Eldon Lord Ellenborough Lord Mansfield marriage matter maxim Nemo observed offence owner particular party person plaintiff pleading possession potest principle proceedings quae quam quod Railway Raym reason recognised recover reference remarks remedy rent repeal Scott seisin sheriff Smith stat statute Steph sunt tenant testator Tindal tion trespass vested Vict void words writ
Side 468 - The objection that a contract is immoral or illegal as between plaintiff and defendant sounds at all times very ill in the mouth of the defendant. It is not for his sake, however, that the objection is ever allowed : but it is founded in general principles of policy which the defendant has the advantage of, contrary to the real justice as between him and the plaintiff, by accident, if I may say so.
Side 57 - ... the jurors ought to be told in all cases that every man is to be presumed to be sane, and to possess a sufficient degree of reason to be responsible for his crimes, until the contrary be proved to their satisfaction; and that to establish a defence on the ground of insanity, it must be clearly proved that, at the time of...
Side 206 - The rule of law is clear, that where one by his words or conduct wilfully causes another to believe the existence of a certain state of things, and induces him to act on that belief so as to alter his own previous position, the former is concluded from averring against the latter a different state of things as existing at the same time.
Side 366 - If the words of the statute are in themselves precise and unambiguous, then no more can be necessary than to expound those words in their natural and ordinary sense. The words themselves alone do in such case best declare the intention of the lawgiver.
Side 173 - 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.
Side 253 - That when the access and use of light to and for any dwelling-house, workshop, or other building, shall have been actually enjoyed therewith for the full period of twenty years without interruption, the right thereto shall be deemed absolute and indefeasible...
Side 254 - In the first place, it may happen without blame being imputable to either party ; as where the loss is occasioned by a storm, or any other vis major ; in that case the misfortune must be borne by the party on whom it happens to light; the other not being responsible to him* in any degree.
Side 573 - In answer thereto, we state to your lordships, that we think the medical man, under the circumstances supposed, cannot in strictness be asked his opinion in the terms above stated, because each of those questions involves the determination of the truth of the facts deposed to, which it is for the jury to decide, and the questions are not mere questions upon a matter of science, in which case such evidence is admissible. But, where the facts are admitted...