Cases Argued and Determined in the Courts of Common Pleas & Exchequer Chamber: And in the House of Lords; from Michaelmas Term, 1831, to [Trinity Term, 1834] ..S. Sweet, 1833 |
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Seite 29
... cause why he should not produce and allow the plaintiff to inspect and take a copy of an indenture made between the plaintiff and defendant , in order to enable the plaintiff to declare there- The motion was founded on affidavits which ...
... cause why he should not produce and allow the plaintiff to inspect and take a copy of an indenture made between the plaintiff and defendant , in order to enable the plaintiff to declare there- The motion was founded on affidavits which ...
Seite 48
... cause , and all matters in difference between the parties , were referred to the arbi- tration of a surveyor , and ... cause . The award is bad on two grounds - first , it is not final - secondly , it is void for uncertainty . The arbi ...
... cause , and all matters in difference between the parties , were referred to the arbi- tration of a surveyor , and ... cause . The award is bad on two grounds - first , it is not final - secondly , it is void for uncertainty . The arbi ...
Seite 49
... cause , independently of the other matters in differ- ence . In the case of the Highgate Archway Company v . Nash ( b ) , where a cause and all matters in difference were referred , and the costs of the cause were to abide the event ...
... cause , independently of the other matters in differ- ence . In the case of the Highgate Archway Company v . Nash ( b ) , where a cause and all matters in difference were referred , and the costs of the cause were to abide the event ...
Seite 50
... cause , and all matters in difference , were referred generally to the arbi- trator . Certain disputed accounts between the parties were the subject - matter of the action ; and the arbitrator has found that the defendant had overpaid ...
... cause , and all matters in difference , were referred generally to the arbi- trator . Certain disputed accounts between the parties were the subject - matter of the action ; and the arbitrator has found that the defendant had overpaid ...
Seite 55
... causes , that the plain- ed as surplus- tiffs do not appear , in or by the declaration , to have any other cause or causes of action against the defendant , except those arising to them as the assignees of Bird therein mentioned , so ...
... causes , that the plain- ed as surplus- tiffs do not appear , in or by the declaration , to have any other cause or causes of action against the defendant , except those arising to them as the assignees of Bird therein mentioned , so ...
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action admitted advowson affidavit aforesaid agreement alleged amount annuity appears appointed assigns assumpsit attorney bail bankrupt Barn bill bishop Bligh cargo cause Charles Kennedy church claim codicil contract costs Court of King's covenant creditors debt debtor declaration deed defendant defendant's devise discharged Earl of Stirling entered entitled evidence execution executors fee simple fendant grant ground heirs held husband indenture insured intention issue Judge judgment jury King's Bench lands lease London Lord Chief Justice Lord Ellenborough lordships Martinmas ment messuage MIREHOUSE nonsuit opinion paid party payable payment person plaintiff plea pleaded prebend prebendary premises proceedings Prothonotary proved question remainder RENNELL rent right of presentation rule nisi Serjeant Wilde sheriff shew shewn ship statute surety tenant term testator thereof tiff tion trial Truro trustees Tupling verdict vessel void voyage warrant wife words writ
Beliebte Passagen
Seite 433 - That in all cases in which any particular number of days, not expressed to be clear days, is prescribed by the rules or practice of the Courts, the same shall be reckoned exclusively of the first day and inclusively of the last day...
Seite 398 - By that act it is declared that "after the 1st of August, 1821, if any person shall accept a bill of exchange payable at the house of a banker or other place, without further expression in his acceptance, such acceptance shall be deemed and taken to be, to all intents and purposes, a general acceptance of such bill. But if the acceptor shall, in his acceptance, express that he accepts the bill payable at a banker's house or other place...
Seite 196 - Where a covenant goes only to part of the consideration on both sides, and a breach of such covenant may be paid for in damages, it is an independent covenant; and an action may be maintained for a breach of the covenant on the part of the defendant, without averring performance in the declaration.
Seite 447 - ... that where there shall be two or more joint contractors, or executors or administrators of any contractor, no such joint contractor, executor, or administrator shall lose the benefit of the said enactments or cither of them, so as to be chargeable in respect or by reason only of any written acknowledgment or promise made and signed by any other or others of them...
Seite 270 - Here it may be laid down for a rule, that whatever words are sufficient to explain the intent of the parties, that the one shall divest himself of the possession, and the other come into it for a determinate time, such •words, whether they run in the form of a license, covenant, or agreement, are of themselves sufficient, and will, in construction of law, amount to a lease for years, as effectually as if the most proper and pertinent words had been made use of for that purpose.
Seite 316 - But when a party by his own contract creates a duty or charge upon himself, he is bound to make it good, if he may, notwithstanding any accident or inevitable necessity, because he might have provided against it by his contract.
Seite 104 - Enactments or either of them, or to deprive any Party of the Benefit thereof, unless such Acknowledgment or Promise shall be made or contained by or in some Writing to be signed by the Party chargeable thereby...
Seite 72 - ... shall be entitled to prove his demand in respect of such payment as a debt under the commission, not disturbing the former dividends, and may receive dividends with the other creditors, although he may have become surety...
Seite 736 - The law therefore has wisely ordained, that the parson, quatenus parson, shall never die, any more than the king : by making him. and his successors a corporation. By which means all the original rights of the parsonage are preserved entire to the successor : for the present incumbent, and his predecessor who lived seven centuries ago, are in law one and the same person ; and what was given to the one was given to the other also.
Seite 370 - Court in any civil action, or in any indictment or information for any 1832. misdemeanor, when any variance shall appear between any matter in writing or in print produced in evidence, and the recital or setting forth thereof upon the record...