Reports of Cases Argued and Determined in the Court of Exchequer: With a Table of the Names of Cases and a Digest of the Principal Matters : from Hilary Term, 7 W. IV. 1836 to Michaelmas Term, 1 Vict. 1837, Both InclusiveH. Butterworth and R. Pheney, 1838 - 390 sider |
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Resultat 1-5 av 100
Side 1
... entered and obtained at- as a deposit ; he on the premises , tornment from the tenant in pos- session . Subse- quently B. being unable to procure the letters of administration . A. rescinded the contract , and brought money had and ...
... entered and obtained at- as a deposit ; he on the premises , tornment from the tenant in pos- session . Subse- quently B. being unable to procure the letters of administration . A. rescinded the contract , and brought money had and ...
Side 2
... entering on the premises , and obtaining attornment from the tenant . It is the invariable rule of Courts of Equity not to rescind contracts of sale , if the vendee has entered into possession . Regarding the present case , however , as ...
... entering on the premises , and obtaining attornment from the tenant . It is the invariable rule of Courts of Equity not to rescind contracts of sale , if the vendee has entered into possession . Regarding the present case , however , as ...
Side 3
... entering into possession by the plaintiff makes any difference in the present case . It appears to me that the defendant was in the situation of an ordinary stakeholder , and , as such , did not require any notice of the rescinding of ...
... entering into possession by the plaintiff makes any difference in the present case . It appears to me that the defendant was in the situation of an ordinary stakeholder , and , as such , did not require any notice of the rescinding of ...
Side 15
... entered by virtue of that contract : Rejoinder , that defendant did not agree to sell , nor sold , nor did plaintiff agree to buy , nor bought the said grass , with liberty for the plaintiff to cut and take away the same , and for that ...
... entered by virtue of that contract : Rejoinder , that defendant did not agree to sell , nor sold , nor did plaintiff agree to buy , nor bought the said grass , with liberty for the plaintiff to cut and take away the same , and for that ...
Side 17
... entered , and defendant wrongfully refused possession . That last circumstance is not material in putting a construction upon the contract , whether the plaintiff by that averment only means an agreement in fact , as a licence , or a ...
... entered , and defendant wrongfully refused possession . That last circumstance is not material in putting a construction upon the contract , whether the plaintiff by that averment only means an agreement in fact , as a licence , or a ...
Vanlige uttrykk og setninger
act of parliament action affidavit aforesaid afterwards agreement ALDERSON alleged amount appeared apply assignment assumpsit attorney averred award bail bankrupt bankruptcy bill of exchange BOLLAND breach claim contended contract costs count Court court of equity covenant creditor damages dant debt declaration defendant defendant pleaded defendant's delivered demurrer duty entered entitled evidence Exchequer execution executors fact fendant given granted held Hilary Term horses indorsed insolvent intended issue James Wallis judgment jury land learned judge lease leasehold estate legacies lessor liable Lord ABINGER matter Matthew Knight ment nolle prosequi nonsuit notice obtained a rule opinion paid parish Parke party patent payable payment person plaintiff plea possession premises present promissory note proved purchase question recover refused rent replication river Calder Rule absolute sheriff shewed cause shewn sold statute sufficient tenant term testator thereof tion trial trustees verdict vessel writ
Populære avsnitt
Side 292 - And by s. 2, it is enacted, that no person shall make an entry or distress, or bring an action to recover any land or rent, but within twenty years next after the time at which the right to make such entry or distress or to bring such action shall have first accrued to some person through whom he claims...
Side 292 - December, 1833, no person shall make an entry or distress, or bring an action, to recover any land or rent, but within twenty years next after the time at which the right to make such entry or distress, or to bring such action, shall have first accrued to some person through whom he claims...
Side 206 - In actions on the case, the plea of not guilty shall operate as a denial only of the breach of duty or wrongful act alleged to have been committed by the defendant, and not of the facts stated in the inducement...
Side 25 - We do not see how a better test can be applied to the question whether reasonable or not than by considering whether the restraint is such only as to afford a fair protection to the interests of the party in favor of whom it is given, and not so large as to interfere with the interests of the public.
Side 226 - ... defectively or imperfectly stated or omitted, and without which it is not to be presumed that either the judge would direct the jury to give, or the jury would have given the verdict, such defect, imperfection, or omission is cured by the verdict...
Side 306 - In fact, to allow this sort of action to prevail would be an encouragement to the servant to omit that diligence and caution which he is in duty bound to exercise on the behalf of his master to protect him against the misconduct or negligence of others who serve him, and which diligence and caution, while they protect the master, are a much better security against any injury the servant may sustain by the negligence of others engaged under the same master, than any recourse against his master for...
Side 30 - ... and in any such action the defendant may plead the general issue, and give this Act and the special matter in evidence at any trial to be had thereupon...
Side 252 - ... to be laid out or disposed of in the purchase of any lands, tenements, or hereditaments...
Side 292 - ... shall have been in such possession or receipt then such right shall be deemed to have first accrued at the time at which the person claiming as aforesaid or the person through whom he claims became entitled to such possession or receipt by virtue of such instrument.
Side 76 - Bankrupts," it was among other things enacted, that all payments really and bond fide made by any bankrupt or by any person on his behalf, before the date and issuing of the commission against such bankrupt, to any creditor of such bankrupt, (such payment not being a fraudulent preference of such creditor), should be deemed valid, notwithstanding any prior act of bankruptcy...