Reports of Cases Argued and Determined in the Court of Queen's Bench: And Upon Writs of Error from that Court to the Exchequer Chamber, in Michaelmas and Hilary Terms, in the Second Year of Victoria [1838-Hilary Term, 1841], Seite 40,Band 4S. Sweet, 1842 |
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Seite 6
... considered in Nation v . Tozer ( b ) . Lord DENMAN C. J. - This is a peculiar case , and is not rendered less so by the state of the pleadings . But we are bound to consider that , on the face of the declaration , ( a ) 1 Dougl . 216 ...
... considered in Nation v . Tozer ( b ) . Lord DENMAN C. J. - This is a peculiar case , and is not rendered less so by the state of the pleadings . But we are bound to consider that , on the face of the declaration , ( a ) 1 Dougl . 216 ...
Seite 21
... considered is , whether the plea sufficiently sets out the demise . By 11 Geo . 2 , c . 19 , s . 22 , the defendant may avow generally in replevin that the plaintiff enjoyed the land , whereon the distress was made , under a " demise ...
... considered is , whether the plea sufficiently sets out the demise . By 11 Geo . 2 , c . 19 , s . 22 , the defendant may avow generally in replevin that the plaintiff enjoyed the land , whereon the distress was made , under a " demise ...
Seite 30
... considered as fish : it is more questionable as to MALDON oyster spat . ] No distinction has ever been drawn between them . Oyster spat may not be fit for food ; but it may be useful for other purposes , whether to bring it to a state ...
... considered as fish : it is more questionable as to MALDON oyster spat . ] No distinction has ever been drawn between them . Oyster spat may not be fit for food ; but it may be useful for other purposes , whether to bring it to a state ...
Seite 33
... considered is , whether a magistrate has power to issue a warrant , after summons , to require the attendance of a person to give bail for his ap- pearance as a witness . Justices out of sessions had no means whatever at common law of ...
... considered is , whether a magistrate has power to issue a warrant , after summons , to require the attendance of a person to give bail for his ap- pearance as a witness . Justices out of sessions had no means whatever at common law of ...
Seite 50
... considered the facts then stated to afford strong evidence that the Company , having obtained au act for a particular purpose , had stopped short of effect- ing it , and satisfied themselves with doing less than one half of what they ...
... considered the facts then stated to afford strong evidence that the Company , having obtained au act for a particular purpose , had stopped short of effect- ing it , and satisfied themselves with doing less than one half of what they ...
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act of parliament action admitted affidavits aforesaid alleged appear apply appointed assignment assumpsit authority bishop borough BURDER church rate churchwardens cited Coleridge common law Company contended contrà Court debt declaration deed defendant defendant's demise demurrer deponent discharged duly Dunn ecclesiastical ecclesiastical court election entered entitled evidence execution Exminster fact fendant given ground heirs held indenture Insolvent issue judge jurisdiction jury justices land lease lessor Littledale Lord Denman C. J. magistrates mandamus manor matter ment necessary nisi nonsuit notice objection occupiers opinion overseers paid parish parishioners party Patteson payment person plaintiff plea pleaded premises present proceedings profits purpose quarter sessions QUEEN question rack rent rateable refused rent replication respect rule seised shewed cause statute sufficient taken tenant term testator thereof tion tithes trespass trial VELEY verdict vestry vult warrant Williams writ
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Seite 16 - Saund. 228, n. (1), it is said, that, " where there is any defect, imperfection, or omission in any pleading, whether in substance or form, which would have been a fatal objection upon demurrer ; yet, if the issue joined be such as necessarily required on the trial proof of the facts so 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...
Seite 218 - Chancellor in matters of lunacy, whereby any sum of money, or any costs, charges, or expenses shall be payable to any person, shall have the effect of judgments in the superior Courts of common law...
Seite 80 - It is a rule of law, 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 450 - Cur. adv. vult. Lord DENMAN CJ now delivered the judgment of the Court. — In this case, which was...
Seite 778 - ... the rent at which the same might reasonably be expected to let from year to year, free of all usual tenants' rates and taxes, and tithe commutation rent-charge, if any, and deducting therefrom the probable average annual cost of the repairs, insurance and other expenses, if any, necessary to maintain them in a state to command such rent...
Seite 494 - ... where it so happens that the fabric of the church stands in need of repair, the only question upon which the parishioners, when convened together to make a rate, can by law deliberate and determine, is, not whether they will repair the church or not, (for upon that point they are concluded by the law,) but how and in what manner the common law obligation so binding them may be best and most effectually, and at the same time most conveniently and fairly between themselves, performed and carried...
Seite 676 - ... ordinary care must mean that degree of care which may reasonably be expected from a person in the plaintiff's situation : and this would evidently be very small indeed in so young a child.
Seite 663 - ... my monsters, both wet and dry; making the said Charles whole and sole executor of this my last will and testament; he paying, or causing to be paid, the aforesaid legacies within the space of six months after my decease. And I do hereby revoke all other wills whatsoever by me formerly made.
Seite 205 - Provided always, that nothing herein contained shall alter or take away or lessen the Effect of any Payment of any Principal or Interest made by any Person whatsoever...
Seite 231 - ... of parliament, shall be commenced and sued within the time and limitation herein-after expressed, and not after; that is to say, the said actions of debt for rent upon an indenture of demise, or covenant or debt upon any bond or other specialty...