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 |
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Page 27
... equity , and law ; and none of the cases cited on the other side are of this kind . - That according to the canon law , admonition was always a necessary antecedent to expulsion : Lyndw . 10 , 93. That for want of three previous ...
... equity , and law ; and none of the cases cited on the other side are of this kind . - That according to the canon law , admonition was always a necessary antecedent to expulsion : Lyndw . 10 , 93. That for want of three previous ...
Page 61
... Equity will not compel the lord to admit them on presentment , because he may lose his services . MR . Bathurst , Mr. Henley , Mr. Ford and Mr. Joddrel , in support of the rule argued , that this was not merely a private right ; the ...
... Equity will not compel the lord to admit them on presentment , because he may lose his services . MR . Bathurst , Mr. Henley , Mr. Ford and Mr. Joddrel , in support of the rule argued , that this was not merely a private right ; the ...
Page 82
... equity , compel the church of Southwell to distrain ; which will bring the right to be determined on an issue at law : and being once deter- mined for the candidate , the Court will grant a mandamus to ( u ) 3 Salk . 230 . THE KING v ...
... equity , compel the church of Southwell to distrain ; which will bring the right to be determined on an issue at law : and being once deter- mined for the candidate , the Court will grant a mandamus to ( u ) 3 Salk . 230 . THE KING v ...
Page 89
... equity to compel the trustees , if they refuse : but in the present , the tes- tator has declared a particular special trust , which must in some way be carried into execution and the will observed ; " Green v . Rutherforth , 1 Ves ...
... equity to compel the trustees , if they refuse : but in the present , the tes- tator has declared a particular special trust , which must in some way be carried into execution and the will observed ; " Green v . Rutherforth , 1 Ves ...
Page 90
... equity can anti- cipate his judgment , or take away his ju- risdiction ; but his determinations are final and conclusive ; 3 Atk . 674 ; 5 T. R. 477 , S. P. And there is no appeal from his de- cision , if the founder has not thought fit ...
... equity can anti- cipate his judgment , or take away his ju- risdiction ; but his determinations are final and conclusive ; 3 Atk . 674 ; 5 T. R. 477 , S. P. And there is no appeal from his de- cision , if the founder has not thought fit ...
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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.