Five Years' Digest, 1891-95, of All the Cases Reported in the Law Reports and in the Weekly Notes from the Commencement of 1891, to the End of 1895

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Printed and published for the Council of Law Reporting, by Wm. Clowes & Sons., Limited, 1896 - 1015 Seiten
 

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Seite 365 - Provided always that this Clause shall in no case extend to any sum which the assured may become liable to pay, or shall pay for removal of obstructions under statutory powers...
Seite 9 - Any referee, arbitrator, or umpire may, at any stage of the proceedings under a reference, and shall, if so directed by the Court or a judge, state in the form of a special case for the opinion of the Court any question of law arising in the course of the reference.
Seite 287 - Silence is not evidence of an admission, unless there are circumstances which render it more reasonably probable that a man would answer the charge made against him than that he would not.
Seite 569 - Where a case tried by a judge without a jury comes to the Court of Appeal, the presumption is that the decision of the court below on the facts was right, and that presumption must be displaced by the appellant.
Seite 459 - Even without satisfaction a judgment against one of two joint contractors is a bar to an action against the other, within the maxim transit in rem judicatem'; the cause of action being changed into matter of record, which has the effect to merge the inferior remedy in the higher.
Seite 373 - Empire) the legislation of the sovereign may distribute and regulate jurisdiction; but no territorial legislation can give jurisdiction which any foreign court ought to recognize against foreigners, who owe no allegiance or obedience to the power which so legislates.
Seite 451 - A mandamus will not lie against the Secretary of State for War to •compel him to carry out the terms of a royal •warrant regulating the pay and retiring...
Seite 137 - ... as, for example, when the directors, on allotting shares know, in fact, that the application for them has been induced by misrepresentations, even though made without any authority...
Seite 363 - The executors of a person who has effected an insurance on his life for the benefit of his wife can maintain an action on the policy notwithstanding the fact that the death of the insured was caused by the felonious act of the wife.

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