Reports of Cases Argued and Determined in the Court of King's Bench: With Tables of the Names of the Cases Argued and Cited, and the Principal Matters, Volum 2Saunders and Benning, 1836 |
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Side 22
... fact of payment as it took place in the former course of practice . The defendant is equally ousted of his remedy under the statute in both cases . TAUNTON J. I cannot see the distinction contended for . Under the former practice , when ...
... fact of payment as it took place in the former course of practice . The defendant is equally ousted of his remedy under the statute in both cases . TAUNTON J. I cannot see the distinction contended for . Under the former practice , when ...
Side 26
... fact of the trespass on the close : whereas the replication admits the trespass , and traverses the possession only . The defendant es- tablished his case , by shewing his possession of the close Harding ; and this , whatever number of ...
... fact of the trespass on the close : whereas the replication admits the trespass , and traverses the possession only . The defendant es- tablished his case , by shewing his possession of the close Harding ; and this , whatever number of ...
Side 68
... facts shew fully that the plaintiffs knew the right of the stoppage in tran- situ to have been determined . The general rule is that ... fact 68 CASES IN MICHAELMAS TERM 178 111 - 515 183 724 - 493 · 524 - 163 - 701 295 741 543 & S 271.
... facts shew fully that the plaintiffs knew the right of the stoppage in tran- situ to have been determined . The general rule is that ... fact 68 CASES IN MICHAELMAS TERM 178 111 - 515 183 724 - 493 · 524 - 163 - 701 295 741 543 & S 271.
Side 69
... fact . Now the plaintiffs here were cognizant of such a delivery . Two casks were taken by Nyren and Wilson , from the custody of the plaintiffs , about the 20th October 1830 ; and these were a part of the whole quantity which the order ...
... fact . Now the plaintiffs here were cognizant of such a delivery . Two casks were taken by Nyren and Wilson , from the custody of the plaintiffs , about the 20th October 1830 ; and these were a part of the whole quantity which the order ...
Side 70
... fact the affirmant is not the owner , he is liable to an action . " So in Humphrys v . Pratt ( b ) there was a distinct assertion of a particular fact . Now , in the present case , there was nothing like a false assertion on the part of ...
... fact the affirmant is not the owner , he is liable to an action . " So in Humphrys v . Pratt ( b ) there was a distinct assertion of a particular fact . Now , in the present case , there was nothing like a false assertion on the part of ...
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action adverse possession affidavit aforesaid agreement alleged ants appear application assessed assigned assumpsit attorney award BARNARD CASTLE BARNBY DUN bill Bing borough casks certiorari charged cheque clause clerk contrà costs Court covenant CREGRINA debt declaration deed defendant delivered demised duty Eliz enacts entered entitled estoppel evidence execution executors fact fendant feoffment granted ground habeas corpus held Hintlesham indenture Inhabit issue Judge judgment jury justices KING landlord lands lease lessor liable Littledale Lord DENMAN C. J. mandamus matter ment nonsuit objection obtained occupation opinion order of sessions overseers paid parish party Patteson pauper payment person plaintiff plea pleaded possession premises present quarter sessions question recital refused rent respect River Dun rule sect settlement sheriff shew cause shewn stat statute taken Taunton tenant term testator thereof tion trial trustees verdict void warrant WILLIAMS words writ
Populære avsnitt
Side 258 - The jury found a verdict for the plaintiff. Ludlow, E., now moved for a rule, to shew cause why the verdict should not be set aside, and a new trial...
Side 144 - Cur., that goods delivered to any person exercising a public trade or employment to be carried, wrought or managed in the way of his trade or employ, are for that time under a legal protection, and privileged from distress for rent...
Side 509 - Camngton obtained a rule calling upon the defendant to shew cause why the Master should not...
Side 414 - In actions of debt on simple contract, other than on bills of exchange and promissory notes, the defendant may plead that " he never was indebted in manner and form as in the declaration alleged...
Side 100 - ... for and during, and unto the full end and term of seven years, from thence next ensuing, and fully to be complete and ended...
Side 199 - I/. 15*., together with any schedule, receipt, or other matter put or indorsed thereon, or annexed thereto, shall contain 2160 words or upwards, then for every entire quantity of 1080 words contained therein, over and above the first 1080, there shall be paid a further progressive duty of 11.
Side 507 - In Coles v. Trecothick, 9 Ves. 251, Lord Eldon said, that " where a party principal, or person to be bound, signs as — what he cannot be — a witness, he cannot be understood to sign otherwise than as principal.
Side 422 - Emery doth hereby for himself, his heirs, executors, and administrators, covenant, promise, and agree to and with the said...
Side 328 - ... nor shall the liability of any party to any bill of exchange or promissory note be affected by reason of any statute or law in force for the prevention of usury...
Side 401 - I think there is always danger in giving effect to what is called the equity of a statute, and that it is much safer and better to rely on and abide by the plain words, although the Legislature might possibly have provided for other cases had their attention been directed to them (d).