A Selection of Legal Maxims: Classified and Illustrated |
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Page 55
... proceeding by Interpleader , as to which see per Maule , J. , Hollier v . Laurie , 3 C. B. 341 , 2 ; and in Williams v . Crossling , 16 L. J. , C. P. , 112 ; Judg- ment , King v . Simmonds , 7 Q. B. 310 ; King v . Birch , Id . 696 ...
... proceeding by Interpleader , as to which see per Maule , J. , Hollier v . Laurie , 3 C. B. 341 , 2 ; and in Williams v . Crossling , 16 L. J. , C. P. , 112 ; Judg- ment , King v . Simmonds , 7 Q. B. 310 ; King v . Birch , Id . 696 ...
Page 60
... proceedings in our courts are founded upon 1 I Doct . & Stud . , 18th ed . 15 , 16 ; Noy , Max . 9th ed . p . 2 ; 2 Dwarr . Stats . 642 et seq ; Finch's Law , 75 , 76 . 21 Bla . Com . 42 , 43. See 2 Dwarr . Stats . 642 . 31 Bla . Com ...
... proceedings in our courts are founded upon 1 I Doct . & Stud . , 18th ed . 15 , 16 ; Noy , Max . 9th ed . p . 2 ; 2 Dwarr . Stats . 642 et seq ; Finch's Law , 75 , 76 . 21 Bla . Com . 42 , 43. See 2 Dwarr . Stats . 642 . 31 Bla . Com ...
Page 61
... proceedings . The Sabbath - day is not dies juridicus , for that day ought to be consecrated to divine service.2 The keeping of one day in seven holy as a time of relaxation and refreshment , as well as for public worship , is , indeed ...
... proceedings . The Sabbath - day is not dies juridicus , for that day ought to be consecrated to divine service.2 The keeping of one day in seven holy as a time of relaxation and refreshment , as well as for public worship , is , indeed ...
Page 66
... proceeding , do not repeal former methods and penalties of proceeding , ordained by preceding acts of Parliament , without negative words . " It seems to be true , therefore , and in accordance with the opinion here expressed , that ...
... proceeding , do not repeal former methods and penalties of proceeding , ordained by preceding acts of Parliament , without negative words . " It seems to be true , therefore , and in accordance with the opinion here expressed , that ...
Page 73
... proceedings under the fiat , unless the annulment were on some ground which rendered the fiat origi- nally void . The Court of Exchequer , in delivering judgment in this case , adverted to several startling consequences which would ...
... proceedings under the fiat , unless the annulment were on some ground which rendered the fiat origi- nally void . The Court of Exchequer , in delivering judgment in this case , adverted to several startling consequences which would ...
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Other editions - View all
Common terms and phrases
according act of Parliament action applied argument Bing Chit cited common law consequence consideration considered construed contract Court court of equity covenant creditor Crown damage debet debt deed defendant doctrine Earl East Eastern Counties Railway emblements entitled equity error evidence Exch execution executor facit fact fraud Grand Junction Railway grant heir held indictment injury Inst instance instrument intention Jenk judge judgment jure jurisdiction jury justice land lease legislature liable Litt Lord Brougham Lord Cottenham Lord Denman Lord Ellenborough Lord Mansfield matter maxim ment Nemo observed owner particular party payment person plaintiff plea pleading possession potest principle proceedings quæ quod Railway Raym reason recognised recover reference remarks remedy Scott sheriff Smith stat statute Steph subsequent sunt tenant testator Tindal tion trespass Vict void warrant words writ
Popular passages
Page 468 - The objection that a contract is immoral or illegal as between plaintiff and defendant sounds at all times very ill in the mouth of the defendant. It is not for his sake, however, that the objection is ever allowed : but it is founded in general principles of policy which the defendant has the advantage of, contrary to the real justice as between him and the plaintiff, by accident, if I may say so.
Page 564 - ... in every such action the jury may give such damages as they may think proportioned to the injury resulting from such death to the parties respectively for whom and for whose benefit such action shall be brought...
Page 57 - ... the jurors ought to be told in all cases that every man is to be presumed to be sane, and to possess a sufficient degree of reason to be responsible for his crimes, until the contrary be proved to their satisfaction; and that to establish a defence on the ground of insanity, it must be clearly proved that, at the time of...
Page 206 - The rule of law is clear, that where one by his words or conduct wilfully causes another to believe the existence of a certain state of things, and induces him to act on that belief so as to alter his own previous position, the former is concluded from averring against the latter a different state of things as existing at the same time.
Page 366 - If the words of the statute are in themselves precise and unambiguous, then no more can be necessary than to expound those words in their natural and ordinary sense. The words themselves alone do in such case best declare the intention of the lawgiver.
Page 173 - But when the 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 by inevitable necessity, because he might have provided against it by his contract.
Page 253 - That when the access and use of light to and for any dwelling-house, workshop, or other building, shall have been actually enjoyed therewith for the full period of twenty years without interruption, the right thereto shall be deemed absolute and indefeasible...
Page 254 - In the first place, it may happen without blame being imputable to either party ; as where the loss is occasioned by a storm, or any other vis major ; in that case the misfortune must be borne by the party on whom it happens to light; the other not being responsible to him* in any degree.
Page 573 - In answer thereto, we state to your lordships, that we think the medical man, under the circumstances supposed, cannot in strictness be asked his opinion in the terms above stated, because each of those questions involves the determination of the truth of the facts deposed to, which it is for the jury to decide, and the questions are not mere questions upon a matter of science, in which case such evidence is admissible. But, where the facts are admitted...
Page 57 - If the accused was conscious that the act was one which he ought not to do, and if that act was at the same time contrary to the law of the land, he is punishable...