Reports of Cases Argued and Determined in the Court of Common Pleas and Other Courts from Michaelmas Term, 48 Geo. III. 1807 to Hilary Term, 59 Geo. III. 1819 Inclusive, Volum 4;Volum 15J. Butterworth, 1815 |
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Side 81
... opinion that the plaintiff was not entitled to maintain the action . VOL . IV . Accordingly , B June 18 . The master of a maintain as ship cannot sumpsit in his own name upon an implied pro- mise to pay de . murrage . [ 2 ] 1811 ...
... opinion that the plaintiff was not entitled to maintain the action . VOL . IV . Accordingly , B June 18 . The master of a maintain as ship cannot sumpsit in his own name upon an implied pro- mise to pay de . murrage . [ 2 ] 1811 ...
Side 93
... opinion of Grose , J. is unanswerable . The ground of the rejection is this . Possession is prima facie evidence of seisin in fee - simple : the declaration of the possessor that he is tenant to another , makes most strongly , therefore ...
... opinion of Grose , J. is unanswerable . The ground of the rejection is this . Possession is prima facie evidence of seisin in fee - simple : the declaration of the possessor that he is tenant to another , makes most strongly , therefore ...
Side 103
... opinion of the Court on the following case . The bill which was for 1801. , was drawn at Edinburgh on the 18th Nov. 1808 , by Sir Wm . Forbes , J. Hunter and Co. , upon the defendants , who are bankers in London , payable to the order ...
... opinion of the Court on the following case . The bill which was for 1801. , was drawn at Edinburgh on the 18th Nov. 1808 , by Sir Wm . Forbes , J. Hunter and Co. , upon the defendants , who are bankers in London , payable to the order ...
Side 112
... opinion that these pleas cannot be supported for the reasons by him stated . It is necessary , in order to make good a justification of this description , for the de- fendants to shew , by pleading , that they had reasonable cause of ...
... opinion that these pleas cannot be supported for the reasons by him stated . It is necessary , in order to make good a justification of this description , for the de- fendants to shew , by pleading , that they had reasonable cause of ...
Side 119
... opinion , that if the consignee will take the goods , he adopts the contract . HEATH , J. It is clear the plaintiff is entitled to demurrage , either from the consignor or consignee . Demurrage is only an extended freight , and the ...
... opinion , that if the consignee will take the goods , he adopts the contract . HEATH , J. It is clear the plaintiff is entitled to demurrage , either from the consignor or consignee . Demurrage is only an extended freight , and the ...
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action affidavit afterwards annuity appeared assigned assumpsit attestation bail bankrupt bill of lading bond British broker cargo CHAMBRE cited committed contended contrà contract convoy costs count Court of King's court-martial covenant debt declaration deed defendant defendant's delivered demurrage discharged entitled evidence execution felony feme covert fendant granted ground HEATH held Hilary term House of Commons illegal indorsed intended judgment jury King's Bench Lens libel licence Lord Lord Ellenborough Mansfield ment nisi to set nonsuit obtained a rule opinion paid parish Parliament parties payment person Pillau plaintiff plaintiff in error plea pleaded port possession premises premium prisoner prosecutor proved purchase question received recover refused rent Rule absolute rule nisi sail Serjeant at Arms Serjt Shepherd sheriff shewed cause ship statute tenant thereof Thomas Wood tiff tion trial underwriters Vaughan verdict vessel voyage warrant witness words writ
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Side 116 - the rule for jurisdiction is that nothing shall be intended to be out of the jurisdiction of a superior court but that which specially appears to be so, and, on the contrary, nothing shall be intended to be within the jurisdiction of an inferior court but that which is so expressly alleged;" and this rule has been so frequently repeated as to have become a maxim in the law.
Side 138 - All crimes not capital, and all disorders and neglects, which officers and soldiers may be guilty of, to the prejudice of good order and military discipline, though not mentioned in the foregoing articles of war, are to be taken cognizance of by a general, or a regimental, garrison, or field officers' court-martial, according to the nature and degree of the offense, and punished at the discretion of such court.
Side 364 - HOLMES delivered the opinion of the court. This is a writ of error brought to reverse a judgment of the...
Side 137 - ... is to complain thereof to the commanding officer of the regiment, who is hereby required to summon a regimental courtmartial, for the doing justice to the complainant; from which regimental court-martial either party may, if he thinks himself still aggrieved, appeal to a general court-martial; but if, upon a second hearing, the appeal shall appear to be vexatious and groundless, the person so appealing shall be punished at the discretion of the said general courtmartial.
Side 329 - Upon any kind of goods and merchandises, and also upon the body, tackle, apparel, ordnance, munition, artillery, boat, and other furniture, of and in the good ship or vessel...
Side 412 - And further we be informed by our judges that we at no time stand so highly in our estate royal, as in the time of Parliament; wherein we as head, and you as members, are conjoined and knit together into one body...
Side 534 - ... had and received by the defendant to the use of the plaintiff...
Side 356 - ... good name, fame, and credit, and to bring him into public scandal, infamy and disgrace with and amongst all his...