Reports of Cases Argued and Adjudged in the Courts of King's Bench, Common Pleas and Exchequer. [1695-1741]: To which are Added, Some Special Cases in the Court of Chancery; and Before the Delegates, Volume 2 |
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Reports of Cases Argued and Adjudged in the Courts of King's-Bench, Common ... John Comyns No preview available - 2018 |
Common terms and phrases
action adminiftrator affigned afterwards againſt allocatur anſwer Attorney Baron becauſe bill cafe caſe caufe cauſe confent confequently confideration Court of Equity covenant daugh daughter debt decree defendant demurrer devife deviſed diſcharge eſtate executor faid fame fecurity feems feifed fendant fettled fettlement feveral fhall fhew fhip fhould fifter fince firſt fmall tithes fome ftat ftatute fubject fuch fufficient hath heirs himſelf holden houſe huſband Ibid iffue infifted intereft intitled judgment Juftice King Lakenham lands leafe leffee legacy Lord mafter manor marriage marry Matthew Decker Meyrick muſt otherwife paid payment perfonal eftate plaintiff plea pleaded poffeffion prefent purchaſe qui tam raiſed reaſon refolved releaſe replevin Ruffia ſaid Scire Facias Serjeant ſhall ſhe ſmall ſuch Supra tenant theſe Thomas Sutton thoſe tion truft truſtees unleſs uſe verdict verf Vern Vicar void wife William Wogan Wogan words writ
Popular passages
Page 438 - So far as the tort itself goes, an executor shall not be liable ; and therefore it is, that all public and all private crimes die with the offender, and the executor is not chargeable ; but so far as the act of the offender is beneficial, his assets ought to be answerable ; and his executor therefore shall be charged.
Page 440 - Union, and shall be tried as peers of Great Britain, and shall enjoy all privileges of peers, as fully as the peers of England do now, or as they, or any other peers of Great Britain may hereafter enjoy the same, except the right and privilege of sitting in the House of Lords, and the privileges depending thereon, and particularly the right of sitting upon the trials of peers.
Page 579 - The indorser only undertakes, in case the maker of the note does not pay. The indorsee is bound to apply to the maker of the note : he takes it upon that condition ; and therefore must in all cases know who he is, and where he lives ; and if after the note becomes payable, he is guilty of a neglect, and the maker becomes insolvent, he loses the money and cannot come upon the indorser at all.
Page 449 - ... which such writings were produced, and no objection taken. The courts have impliedly admitted that writing with such an instrument, without the use of any liquid, was valid. Thus in a case in Comyn's Reports (p. 451) the counsel cited the case of Loveday v. Claridge, in 1730, where Loveday, intending to make his will, pulled a paper out of his pocket, wrote some things down with ink, and some with a pencil, and it was held a good will. But we have a more full and authentic authority in a late...
Page 633 - ... of confequence belong to him alfo ; that where the parfon is intitled to tithe hay, he will be intitled to the hay made of clover, as well as of other grafs; and if to the hay, likewife to the feed. On the other fide it was infifted, that...
Page 579 - ... to a bill of exchange. When it is indorsed, the resemblance begins ; for then it is an order by the indorser upon the maker of the note (his debtor by the note) to pay to the indorsee. This is the very definition of a bill of exchange. The...
Page 639 - So apples, and other fruit, are confessedly small tithes ; but the wood of apple trees, and other fruit trees, if cut in a year when no tithe (is) paid of the fruit, is as other wood for firing, great tithe ; but in the year when tithe is paid of the fruit, if then felled, no tithe shall be paid of the wood, the fruit being looked on as the principal.
Page 650 - ... patron, and ordinary, would make a compofition to the prejudice of the church ; and if the Modus do not now reach the value, it is to be intended, that either the tithes are improved, or elfe that money is now become of lefs value, which makes the prefent inequality.
Page 684 - English built and navigated as aforesaid and in noe other, except onely such forraigne ships and vessels as are of the built of that Country or place of which the said Goods are the growth production or Manufacture respectively, or of such Port where the said Goods can...
Page 479 - ... has great latitude and is not of any determinate signification, and is frequently used to import "as soon as it conveniently could be done...