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Reports of Cases Adjudged in the Court of King's Bench: From Hilary Term ...
Great Britain. Court of King's Bench,Henry Cowper
Uten tilgangsbegrensning - 1800
act of parliament action advowson aforefaid afterwards arrest assigned bankrupt bankruptcy barratry benesit charter circumstances cited clearly common common law common recovery copyhold corporation court court leet court of equity creditors debt declaration deed defcription delivered desendant devise discharged disserent England entitled essect evidence ex dim execution executor exprefsly give grant Grenada ground guilty heir at law held indictment insormation inssant intention John judges judgment jury Justice king lands legacy lessor liable lise Lord Mansfield manor master mayor messuages Minorca objection ofsice opinion ossence pafs paid parliament party person plaintiff plaintiff in error plea possession prefent cafe prefume premises preserence profecution purchafe purpofe question reafon refpect remainder resused Rex versus rule sact seised shew cause Sir William Pulteney sirst stat statute sufficient suppofe surther tenant term testator testator's thefe thofe tion trial wise words writ
Side 341 - 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 so say. The principle of public policy is this: Ex dolo malo non oritur actio.
Side 288 - Where a man is under a moral obligation, which no court of law or equity can enforce, and promises, the honesty and rectitude of the thing is a consideration.
Side 207 - I say the King, I always mean the King without the concurrence of Parliament,) has a power to alter the old and to introduce new laws in a conquered country, this legislation being subordinate, that is, subordinate to his own authority in Parliament, he cannot make any new change contrary to fundamental principles...
Side 63 - It Is certainly a maxim that all evidence is to be weighed according to the proof which it was in the power of one side to have produced, and in the power of the other to have contradicted.
Side 229 - I should be sorry to say, that in cases of personal torts, no new trial should ever be granted for damages, which manifestly show the jury to have been actuated by passion, partiality, or prejudice. But it is not to be done without very strong grounds indeed; and such as carry internal evidence of intemperance in the minds of the jury.
Side 207 - An Englishman in Ireland, Minorca, the Isle of Man, or the Plantations, has no privilege distinct from the natives. The 5th, That the laws of a conquered country continue in force until they are altered by the conqueror: the absurd exception as to Pagans, mentioned in Calvin's Case, shows the universality and antiquity of the maxim.
Side 207 - Islands: nay, it would have been carrying the capitulation into execution, which gave the people of Grenada hopes, that if any new tax was laid on, their case would be the same with their fellow subjects in the other Leeward Islands.
Side 374 - So far as the tort itself goes, an executor shall not be liable ; and therefore it is, that all public and all private crimes die with the offender, and the executor is not chargeable ; but so far as the act of the offender is beneficial, his assets ought to be answerable ; and his executor therefore shall be charged.
Side 177 - But can it be doubted, that actions may be maintained here, not only upon contracts, which follow the persons, but for injuries done by subject to subject ; especially for injuries where the whole that i> prayed is a reparation in damages, or satisfaction to be made by process against the person or his effects within the jurisdiction of the Court?