Reports of Cases Argued and Determined in the Court of Common Pleas, and Other Courts: From Easter Term, 36 Geo. III. 1796, to [Hilary Term 44 Geo. III. 1804] ... Both Inclusive: with Tables of the Cases and Principal Matters, Volume 3Oliver D. Cooke, 1826 - Law reports, digests, etc |
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Page 2
... Serjt . contrà insisted that the Court would not go out of its way to cure an irregularity arising from negligence , and that if they must reject either the day of the month or the day of the week inserted in the notice in order to make ...
... Serjt . contrà insisted that the Court would not go out of its way to cure an irregularity arising from negligence , and that if they must reject either the day of the month or the day of the week inserted in the notice in order to make ...
Page 6
... Serjt . shewed cause , and with respect to the first ground referred the Court to the several cases of M'Master v . Kell , ante , vol . 1. p . 302. Hill v . Reeves , ante , vol . 1. p . 424. and Oliver v . Ames , 8 Term Rep . 364 ...
... Serjt . shewed cause , and with respect to the first ground referred the Court to the several cases of M'Master v . Kell , ante , vol . 1. p . 302. Hill v . Reeves , ante , vol . 1. p . 424. and Oliver v . Ames , 8 Term Rep . 364 ...
Page 9
... Serjt . in support of the demurrer was proceeding to state the points of the case , when he was interrupted by the Court , who expressed a wish to hear the other side , at the same time observing , that they thought the objection to the ...
... Serjt . in support of the demurrer was proceeding to state the points of the case , when he was interrupted by the Court , who expressed a wish to hear the other side , at the same time observing , that they thought the objection to the ...
Page 12
... Serjt . in shewing cause against the rule insisted , that ing a rule Nisi the Defendant by pleading to the declaration in London had wayed for changing the venue , the Court will notwithstanding allow him to change the venue . And see ...
... Serjt . in shewing cause against the rule insisted , that ing a rule Nisi the Defendant by pleading to the declaration in London had wayed for changing the venue , the Court will notwithstanding allow him to change the venue . And see ...
Page 13
... Serjt . contrà admitted , that if the Defendant had obtained time to plead upon the terms of taking short notice of trial for London or Middleser , he would thereby have waved his right to change the venue ( a ) , but insisted that the ...
... Serjt . contrà admitted , that if the Defendant had obtained time to plead upon the terms of taking short notice of trial for London or Middleser , he would thereby have waved his right to change the venue ( a ) , but insisted that the ...
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Common terms and phrases
act of parliament action aforesaid agreement alleged American bottom appears apply assignment assumpsit assured attorney bail bankrupt Best Serjt bills of lading capture cargo CHAMBRE circumstances claim command condemnation considered consignee contended contrà contract count Court of Chancery court of equity covenant creditors debt declaration Defendant Defendant's devise discharged East effect embargo entered entitled evidence execution executor fendant flag officer freight given Greatham ground heirs insured issue judgment jury King King's Bench latter liable lien London Lord ALVANLEY Ch Lord Kenyon Lord Mansfield Lord NELSON master ment nonsuit notice opinion owner paid parties payment person Plaintiff Plaintiff in error plea pleaded port premises present prize proceeded proclamation proof question received recover respect rule sentence sheriff shewed cause ship statute taken testator thereof tiff tion trust underwriters verdict vessels voyage wages warrant words writ
Popular passages
Page 334 - 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 246 - P. 249), and the conclusion there arrived at seems to be correct in general, "that an express promise can only revive a precedent good consideration, which might have been enforced at law through the medium of an implied promise, had it not been suspended by some positive rule of law ; but can give no original right of action, if the obligation on which it is founded never could have been enforced at law, though not barred by any legal maxim or statute provision.
Page 217 - ... and before the said time when, &c. to wit, on the day and year last aforesaid...
Page 434 - This case has been argued before us, and we are of opinion that the...
Page 27 - WILLIAM, by Divine Providence Archbishop of Canterbury, Primate of all England and Metropolitan, most earnestly commend to your brotherly love the Right Rev.
Page 308 - ... shall be pleaded or given in evidence in any Court, or admitted in any Court to be good, useful or available in law or equity...
Page 186 - Defendant was to make such application ; but if the Court should be of opinion that the Plaintiff was not entitled to recover, and...
Page 16 - their heirs and assigns upon trust, that they or the survivor of them, or the heirs or assigns of such survivor...
Page 105 - ... such offender shall be deemed to have feloniously stolen the same from his master, although such chattel, money, or security was not received into the possession of such master otherwise than by the actual possession of his clerk, servant, or other person so employed...
Page 186 - The question for the opinion of the Court was, Whether the plaintiff was entitled to recover in this action?