The Law Magazine: Or, Quarterly Review of Jurisprudence, Volume 7; Volume 38Saunders and Benning, 1847 - Law |
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Page 11
... statute must prevail against its probable intention . Where they are not , but form on the contrary items in the same agree- ment , or parts only of one contract , they are then one and the same cause of action . Mr. Moylan , the judge ...
... statute must prevail against its probable intention . Where they are not , but form on the contrary items in the same agree- ment , or parts only of one contract , they are then one and the same cause of action . Mr. Moylan , the judge ...
Page 12
... statute . " This is a very good illustration of the case of one continuing agreement , which certainly forms but one cause of action . But we entertain great doubt whether what follows is equally sound : - " Also in the case of a ...
... statute . " This is a very good illustration of the case of one continuing agreement , which certainly forms but one cause of action . But we entertain great doubt whether what follows is equally sound : - " Also in the case of a ...
Page 13
... statute of frauds : it was held that it was ; that it appeared at first to have been a contract for goods of less value than 107 .; but in the course of the dealing , it grew to a contract for a much larger amount ; and the case seems ...
... statute of frauds : it was held that it was ; that it appeared at first to have been a contract for goods of less value than 107 .; but in the course of the dealing , it grew to a contract for a much larger amount ; and the case seems ...
Page 14
... statute ; and some commentators have said that the use of the word " demand " would have had a different effect . It ... statutes are drawn , the intent of its framers has been certainly frustrated , and the jurisdiction of these courts ...
... statute ; and some commentators have said that the use of the word " demand " would have had a different effect . It ... statutes are drawn , the intent of its framers has been certainly frustrated , and the jurisdiction of these courts ...
Page 16
... statute only deals with the person of the debtor , and leaves all the modes of acting with regard to property under the old acts untouched . By the present act an additional remedy is provided against the person under certain ...
... statute only deals with the person of the debtor , and leaves all the modes of acting with regard to property under the old acts untouched . By the present act an additional remedy is provided against the person under certain ...
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Common terms and phrases
9 Ir act of parliament affidavit aforesaid afterwards alleged amend amount annuity appear applied appointed assignment assumpsit attorney authority bankrupt bankruptcy bill cause of action certiorari charged chose in action commissioner common law contract conviction costs County Court court of equity covenant creditor debt declaration deed defendant demurrer enacted England entitled equity evidence execution executor FEME COVERT fiat granted ground Held husband Inns of Court interest INTERPLEADER Ireland issue judge judgment jurisdiction jury justices landlord lands lease lessee lessor liable Lord matter ment mortgage notice obtained offence paid parish parliament party payment person petition plaintiff plea pleading possession practice principle proceedings purchase Quære question received removal rent respect rule Scotland Semble sessions settlement solicitor special pleading stat statute sufficient suit summons tenant testator thereof tion trial trust Vict warrant wife writ
Popular passages
Page 161 - That no contract for the sale of any goods, wares, and merchandise, for the price of ten pounds sterling or upwards, shall be allowed to be good, except the buyer shall accept part of the goods so sold, and actually receive the same...
Page 247 - Majesty's superior Courts of Record ; and no Warrant of Commitment shall be held void by reason of any Defect therein, provided it be therein alleged that the Party has been convicted, and there be a good and valid Conviction to sustain the same.
Page 239 - Majesty, it shall be lawful for One of Her Majesty's Principal Secretaries of State, or...
Page 131 - ... that the cause of action did not accrue within six years next before the commencement of the suit, — the last writ which is served, being, for this purpose, the commencement of this suit.
Page 10 - That it shall not be lawful for any Plaintiff to divide any Cause of Action for the Purpose of bringing Two or more Suits...
Page 288 - Dictionary of Jurisprudence, explaining the Technical Words and Phrases employed in the several Departments of English Law ; including the various Legal Terms used in Commercial Transactions. Together with an Explanatory as well as literal Translation of the Latin Maxims contained in the Writings of the Ancient and Modern Commentators. Sixth Edition.
Page 43 - Majesty's service only excepted) coming into or going out of the said harbour, basin or docks, within the port of Kingston-upon-Hull, or unlading or putting on shore, or lading or taking on board any of their cargo, or any goods, wares, or merchandize within the said port...
Page 257 - QUEEN's Most Excellent Majesty in Council. WHEREAS by an Act, passed in the tenth year of the reign of Her Majesty, intituled " An Act for the more easy recovery of small " debts and demands in England...
Page 214 - Upon a reference made on a petition for the appointment of a new trustee in the place of...
Page 259 - Us by an Act passed in the fifth year of the reign of His late Majesty King William the Fourth, intituled "An Act for the Amendment and better Administration of the Laws relating to the Poor in England and Wales...