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act of bankruptcy act of parliament action admitted afterwards agreement appears apply appointed Ashhurst assignment assumpsit bail bailiff bankrupt bill of lading bishop bishop of Ely bond bound brought Buller Burr certiorari charter clause common law considered contended contract copyhold corporation Court Court of equity creditors debt declaration deed defendant defendant's discharged domus doubt election entitled evidence execution executors expressly fellows fendant give given grant Grose ground heirs held indictment intended issue James Dunn judge judgment jury justice King lease lessor liable liberty Lord Mansfield mandamus manor master mayor ment objection opinion paid parish party pauper payment person plaintiff plea pleaded possession premises present proved question quo warranto received recover rent repair rule seizure Sessions sheriff shew cause ship statute sufficient taken tenant term testator tion trial trustees usurious verdict visitor void warrant whole words
Seite 461 - Coke (vo1. 1, 1040,) is, that 'when the ancestor by any gift or conveyance takes an estate of freehold, and in the same gift or conveyance an estate is limited, either mediately or immediately, to his heirs in fee or in tail, that always in such cases 'the heirs' are words of limitation of the estate and not words of purchase.
Seite 460 - Court of King's Bench, 1786. 1 Term Rep. 159. Ejectment tried at the last assizes at Salisbury, before Hotham, Baron, when a verdict was found for the plaintiff, subject to the opinion of the Court...
Seite 89 - ... but to serve as a guide for the future. Most of us have heard these principles stated, reasoned upon, enlarged, and explained, till we have been lost in admiration at the strength and stretch of the human understanding. And I should be very sorry to find myself under a necessity of differing from any case on this subject which has been decided by LORD MANSFIELD, who may be truly said to be the founder of the commercial law of this country.
Seite 493 - But charging another with having had a contagious disorder is not actionable ; for unless the words spoken impute a continuance of the disorder at the time of speaking them, the gist of the action fails...
Seite 67 - HOLMES delivered the opinion of the court. The question in this case is whether the following instrument is entitled to probate: "Washington, DC Aug. 31
Seite 368 - That we may the better apprehend the nature of a visitor, we are to consider that there are in law two sorts of corporations aggregate ; such as are for public government, and such as are for private charity. Those that are for the public government of a town, city, mystery, or the like, being for public advantage, are to be governed according to the laws of the land.
Seite 368 - Hall, which have no particular or special visitors, yet corporations for charity, founded and endowed by private persons, are subject to the rule and government of those that erect them; but where the persons to whom the charity is given are not incorporated, there is no such visitatorial power, because the interest of the revenue is not invested in them; but where they are, the right of visitation ariseth from the foundation, and the founder...
Seite 600 - First, that every information or indictment must contain such a description of the crime that the defendant may know what crime it is which he is called upon to answer. " Secondly, that the jury may appear to be warranted in their conclusion of guilty or not guilty.
Seite 127 - Now it is an incontrovertible position, that by the general law of the land the parish at large is prima facie bound to repair all highways lying within it, unless by prescription they can throw the onus on particular persons by reason of their tenure ; but when this is the case, it is by way of exception to the general rule, and therefore, where no other persons are bound to repair, the parish must do so, ex necessitate.