Reports of Cases Heard and Decided in the House of Lords on Appeals and Writs of Error: During the Sessions 1831[-1846], Band 7J. & W. T. Clarke, 1842 |
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Act of Parliament action agreement alleged answer Appellant Appellant's Bank of England bill bond BURNELL cause circumstances claim clause codicil collector Commissioners Copland costs Court of Chancery Court of Equity Court of Exchequer Court of Session covenant decision declared decree deed defendant DEVEREUX dismissed domicile EARL entitled evidence executed fact father Gibson given ground GWYNNE heir House indenture interlocutor issue Joint Stock Bank judgment jurisdiction jury lands learned friend learned Judges lease legitimate London Joint Stock Lord Chancellor Lord Ordinary Lordships marriage matter ment MUNRO MUSKERRY Nangle noble and learned notice O'Donel Ollney opinion paid Parliament parties payment person PERSSE plaintiff Plaintiff in Error plea pleadings Plowden Portugal proceedings provisions pursuer question referred rejoinder renewal repleader respect Respondent rule Scotch Scotland seized statute suit surety tenant testator thereof tion tithes Toulmin transaction trustees VARDILL verdict
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Seite 164 - Defendant afterwards, under leave, reserved at the trial, moved for and obtained a rule to show cause why the verdict should not be set aside...
Seite 143 - ... (that is to say,) the period during which two persons in succession shall have held the office or benefice in respect whereof such land or rent shall be claimed, and six years after a third person shall have been appointed thereto, if the times of...
Seite 143 - ... unless it shall appear that the same was enjoyed by some consent or agreement expressly made or given for that purpose by deed or writing.
Seite 891 - Being entertained in an English court, it must be adjudicated according to the principles of English law applicable to such a case. But the only principle applicable to such a case by the law of England is, that the validity of...
Seite 789 - It shows, first, as before stated, that the testator, at the time of making his will, and at the time of his death...
Seite 422 - By the general rules of the common law, if there be a contract which has been reduced into writing, verbal evidence is not allowed to be given of what passed between the parties, either before the written instrument was made, or during the time it was in a state of preparation, so as to add to, or subtract from, or in any manner to vary or qualify, the written contract...
Seite 69 - London, the town council of any borough for the time being subject to the act of the session of the fifth and sixth years of the reign of King William the Fourth, chapter seventy-six, intituled " An Act to provide for the Regulation of Municipal Corporations in England and Wales...
Seite 344 - The rule is this, that if a creditor, without the consent of the surety, gives time to the principal debtor, by so doing he discharges the surety ; that is, if time is given by virtue of positive contract between the creditor and the principal, not when the creditor is merely inactive.
Seite 538 - Lords, following the opinion .of , the judges, that this proceeding " must equally be a violation of the rights and privileges of the Bank of England, upon the principle that whatever is prohibited by law to be done directly cannot legally be effected by an indirect and circuitous contrivance...
Seite 345 - And, in the case put, the surety is held to be discharged, for this reason, because the creditor, by so giving time to the principal, has put it out of the power of the surety to consider whether he will have recourse to his remedy against the principal, or not ; and because he, in fact, cannot have the same remedy against the principal as he would have had under the original contract...