Reports of Cases Argued and Determined in the Courts of Exchequer and Exchequer Chamber, at Law, in Equity, and in Error: From Hilary Term, 4 and 5 Geo. IV. to Michaelmas Term, 5 Geo. IV. Both Inclusive. [1824] With Tables of the Cases and Principal Matters |
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action affidavit aforesaid alleged answer appears application arbitrator assigns assumpsit Attorney authority award bankrupt bill Charles Bythesea circumstances claim clerk contingent remainders costs Countess of Jersey Court Court of Exchequer crown debt decease decree deed defendant defendant's delivered demurrer directed discharged entitled equity estoppel estreats evidence Exchequer of Pleas execution executors extent Eyles fact fee simple fendant GARROW granted ground Headen HULLOCK interest issue judgment jurisdiction jury KING King's Bench lands lessees lien Lord Chief Baron manor matter ment modus Moon and Son mortgage nisi prius notice opinion paid parish partner party payable payment person plaintiff plaintiffs in error pleaded possession premises proceedings purchase question received respect rule Sharlston sheriff shew cause statute suit taken tenant term terriers testator testator's thereof tion tithes trial trustees verdict vicar vicarage warrant wharfinger wife witnesses writ
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Page 513 - that the judgment of a court of concurrent jurisdiction directly upon the point is, as a plea, a bar, or as evidence, conclusive between the same parties, upon the same matter directly in question in another court." The present was the case of a judgment in the same Court, where the rule applied with greater force. He also cited Trevivan v. Lawrence
Page 475 - but did not require the doing of it as a duty, for the omission of which they were punishable. But it was not allowed, because " where a statute directs the doing of a thing for the sake of justice or the public good, the word may is the same as the word shall, thus the 23 Hen.
Page 132 - plaintiff: but gave his counsel liberty to move to set aside the nonsuit, and enter a verdict for the plaintiff for 3/., the value of the articles. Taunton, WE, had obtained a rule nisi for that purpose, in last term, against which Campbell and Corbett now shewed cause. This action cannot be maintained upon this declaration. All the special counts are
Page 130 - and deliver at Worcester, within a reasonable time, and averring that although they carried and conveyed, they did not deliver within such time. There were also counts for money had and received, and on an account stated. The defendant pleaded the general issue. On the trial of
Page 501 - III., c. 135, s. 1, which renders valid " all payments made by and to, and all contracts, and other dealings and transactions, by and with any bankrupt, bond, fide made or entered into more than two calendar months before the date of the commission
Page 384 - expiration, or other sooner determination of the said term, and subject thereto, and to the trusts thereof in the meantime, to the use of Zacharias Bevan and his assigns, for life, with remainder to the first and other sons of his body, and then to his daughters, successively in tail; remainder to the use of John
Page 110 - a new trial of such action should not be granted, or nonsuit set aside, and a new trial granted, or a verdict entered for the plaintiff or defendant, or a nonsuit entered, as the case may be, in the same manner as hath been usually heretofore done in actions depending in the said Courts, and tried at
Page 511 - that a judgment on any fact or title distinctly put in issue in an action of trespass, might be pleaded, and would operate as an estoppel in another action of the same kind between the same parties. But it was clear from the case of Evelyn v. Haynes
Page 342 - damages. Jervis, in the following term, moved for a rule nisi to set aside the verdict, and have a new trial on the grounds stated, and that there had been a mis-direction, citing the cases of Brewster v. Clarke (a), Kain v.
Page 211 - averred that the plaintiff, at the defendant's request, retained the defendant to lay out a sum of money in the purchase of an annuity, and delivered him 700/. for that purpose; and that the defendant undertook, and faithfully promised the plaintiff, to use due and sufficient care to advance and lay out that