Reports of Cases Determined in the Several Courts of Westminster-hall, from 1746 to 1779, Volume 1S. Sweet, R. Pheney, 1828 - Law reports, digests, etc |
From inside the book
Results 1-5 of 100
Page 6
... defendant ; for which the defendant another banker , at twelve at noon , who stopped payment before the next morning . The question was , Whether plaintiff or defendant should stand to the loss ; or whether there was any laches in the ...
... defendant ; for which the defendant another banker , at twelve at noon , who stopped payment before the next morning . The question was , Whether plaintiff or defendant should stand to the loss ; or whether there was any laches in the ...
Page 7
... defendant ; but the Court granted a new trial , because the question was a matter of law , upon which the Judge should have decided . The jury found again for the defendant , but against the Judge's di- rection . A second new trial was ...
... defendant ; but the Court granted a new trial , because the question was a matter of law , upon which the Judge should have decided . The jury found again for the defendant , but against the Judge's di- rection . A second new trial was ...
Page 19
... defendant is so likewise , privilege will be allowed ( f ) . Secus if plaintiff belongs to C. B. and defendant to B. R. , for defendant is not supposed to be present in C. B. as he is in B. R ( g ) . ( f ) Ratcliffe , one & c . v ...
... defendant is so likewise , privilege will be allowed ( f ) . Secus if plaintiff belongs to C. B. and defendant to B. R. , for defendant is not supposed to be present in C. B. as he is in B. R ( g ) . ( f ) Ratcliffe , one & c . v ...
Page 20
... defendant it was argued , 1 , That the outlawry was illegal , because the party was not commorant in the realm . * 2 , That defendant Parmiter may avail himself of this irregu- [ 21 ] larity ; because it is no new matter , but merely an ...
... defendant it was argued , 1 , That the outlawry was illegal , because the party was not commorant in the realm . * 2 , That defendant Parmiter may avail himself of this irregu- [ 21 ] larity ; because it is no new matter , but merely an ...
Page 31
... defendant was discharged per totam Curiam . An attainted person charged in a civil suit by leave of Chief Justice not to be discharged on motion . [ 31 ] RAMSAY V. M'DONALD . S. C. 1 Wils . 217 ; Fost . Cr . L. 61 . THE defendant was a ...
... defendant was discharged per totam Curiam . An attainted person charged in a civil suit by leave of Chief Justice not to be discharged on motion . [ 31 ] RAMSAY V. M'DONALD . S. C. 1 Wils . 217 ; Fost . Cr . L. 61 . THE defendant was a ...
Other editions - View all
Common terms and phrases
2dly act of Parliament action affidavit afterwards appears argued assigned assumpsit bill Bishop Blackfordby certiorari cestuy Chancery cited common law contract conveyance Court court leet Court of equity Crown debt declared deed defendant determined devise discharged East election Eliz entitled equity escheat estate tail evidence execution executor feoffment fraud gavelkind give given granted heir held indictment interest issue Judges judgment jurisdiction jury justice King King's land latitat lease Lessee liable Lord Hardwicke Lord MANSFIELD mandamus ment Norton opinion parish party person plaintiff plea pleaded present printing question qui tam quo warranto Raym reason recover rule S. C. 3 Burr Salk Serjeant settlement ship stat statute statute of frauds Stra tenant Term testator tion trial trust verdict vested visitor void warrant wharf wife WILMOT Wils witness words writ
Popular passages
Page 34 - This is properly a criminal method of prosecution, as well to punish the usurper by a fine for the usurpation of the franchise, as to oust him, or seize it for the crown; but hath long been applied to the mere purposes of trying the civil right, seizing the franchise or ousting the wrongful possessor; the fine being nominal only.
Page 191 - When a ship is driven on shore, it is the duty of the master either to repair his ship, or to procure another; and having performed the voyage, he is then entitled to his freight ; but he is not entitled to the whole freight, unless he perform the whole voyage, except in cases where the owner of the goods prevents him ; nor is he entitled pro rata unless under a new agreement.
Page 672 - Honor directed a case to be stated for the opinion of the Court of King's Bench.
Page 405 - I. c. 11.) the presumption of the duration of life, with respect to persons of whom no account can be given, ends at the expiration of seven years from the time when they were last known to be living.
Page 301 - Now upon the Best Consideration I have been able to give this Matter, I am very clear of Opinion, that at the Trial, I ought not to have admitted the Evidence of Usage. But the Point of Law is here settled...
Page 468 - The policy is founded on mifreprefentation : the fhip is infured " at and from Genoa to Dublin ; the adventure to begin " from the loading, to equip for this voyage.
Page 358 - ... might happen within the year; but where it appears by the whole tenor of the agreement that it is to be performed after the year, there a note is necessary.
Page 304 - Taylor it was found, by the special verdict, "that before the reign of her late majesty, Queen Anne, it was usual to purchase from authors the perpetual copyright of their books, and to assign the same from hand to hand for valuable consideration, and to make the same the subject, of family settlements, for the provision of wives and children.