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Reports of Cases Argued and Determined in the Court of Exchequer ..., Volum 1
Henry Horn,Edwin Tyrrell Hurlstone
Uten tilgangsbegrensning - 1840
Act of Parliament affidavit aforesaid afterwards agreed agreement Alderson alleged amount appeared apply arbitrator arrest assigns Assizes assumpsit attorney averment award bankrupt bill of exchange cause of action chattels commencement Company contended contract costs count Court covenant creditors custody damages debt declaration deed defendant defendant's delivered demurrer discharged entered entitled evidence Exchequer execution executor fendant granted ground held Hilary Term indorsed insolvent intention issue James Davison Jane Carter judgment jury land learned judge lease lessor liable lien Lord Abinger matter Meer Brook ment mentioned messuage nonsuit notice objection obtained a rule opinion paid Parke party payable payment person plaintiff plea possession premises promissory note proved question received recover refused rent replication respect Richard Arkwright Secondly set-off sheriff shew cause Statute sufficient suit tenant Term testator testator's thereof tion trial trustees verdict words writ
Side 41 - accept part of the goods so sold, and actually receive the same, or give something in earnest to bind the bargain, or in part payment, or that some note or memorandum in writing of the said bargain be made and signed by the parties, to be charged by such contract, or their agents thereunto lawfully authorised.
Side 246 - to the satisfaction of the said Company to be such party, then and in every such case it shall be lawful for the said Company to order the money so agreed or awarded as aforesaid to be paid into the Bank of England, in the name and with the privity of the Accountant General of
Side 117 - by her signed and published in the presence of and attested by three or more credible witnesses, should direct or appoint; and in default of such direction or appointment, and so far as any such direction or appointment should not extend, to the use of the said
Side 463 - or the practice of the courts, the same shall be reckoned exclusively of the first day, and inclusively of the last day, unless the last day shall happen to fall on a Sunday, Christmas-day, or Good Friday, or a day appointed for a public fast or thanksgiving, in which case the time shall
Side 222 - should not particularly describe, and ascertain, the nature of the invention, and in what manner the same was to be performed, by an instrument in writing, under his hand, and seal, and cause the same to be enrolled in his Majesty's High Court of Chancery, within six calendar months, next, and immediately after the date of
Side 28 - states the rule to be, that although there may have been negligence on the part of the plaintiff, yet, unless he might by the exercise of ordinary care have avoided the consequences of the defendant's negligence, he is entitled to recover; if by ordinary care he might have avoided them, he is the author of his own wrong. Lord
Side 29 - no application to set aside process or proceedings for irregularity shall be allowed, unless made within a reasonable time, nor if the party applying has taken a fresh step after knowledge of the irregularity." Here the defendant, by taking a step in the cause, has waived the alleged irregularity. — [Alderson,
Side 40 - that no contract for the sale of any goods, &c. for the price of ten pounds sterling or upwards, shall be allowed to be good, except the buyer •hall accept part of the goods so sold, and actually receive the same,
Side 460 - in the said first count mentioned, as for and in the name of a distress for the said arrears of rent, and committed the supposed grievances in the said first count mentioned, as she lawfully might for the cause aforesaid/' Verification. The plaintiff signed judgment, on the ground that this was not an issuable plea.
Side 171 - years, from and immediately after the expiration or other sooner determination of the said term, and in the meantime subject thereto, and to the trusts thereof; and as to all other the said manors, hereditaments, and premises, secondly above devised, whereof no use was thereinbefore declared, to the use of his said