Reports of Cases Determined in the Several Courts of Westminster-Hall, from 1746 to 1779, Volume 1 |
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Results 1-5 of 98
Page 2
... defendant ; for which the defendant gave him a bill on 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 ...
... defendant ; for which the defendant gave him a bill on 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 ...
Page 3
... 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 15
... 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 16
... 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 ...
... 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 ...
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Common terms and phrases
2dly act of Parliament action affidavit afterwards appears argued assigned assumpsit bill Bishop Blackfordby certiorari Chancery cited common law contract conveyance Court court leet Court of equity Crown debt declared deed defendant determined devise 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 remedy rule S. C. 3 Burr Salk seisin 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 504 - That the party who ap'plies has been guilty of no neglect. 3. That the witness can be had at the time to which the trial is deferred.
Page 358 - ... unless the agreement, upon which such action shall be brought or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith, or some other person thereunto by him lawfully authorized.
Page 184 - If a mortgagor die without heir, — shall the mortgagee hold the land free ? I answer, Shall it escheat to the Crown ? No, because in that case the lord has a tenant to do his services ; and that is the whole he is entitled to in law and equity. What the justice might be between the mortgagee and executor I shall not trouble myself about. I think the Crown has not an equity on which to sue a subpoena.
Page 407 - In establishing a title upon a pedigree, where it may be necessary to lay a branch of the family out of the case, it is sufficient to show, that the person has not been heard of for many years, to put the opposite party upon proof that he still exists.
Page 349 - ... where the death of the deceased is the subject of the charge, and the circumstances of the death the subject of the dying declarations (2).
Page 379 - ... the subject of his will, mixes in his disposition property that belongs to another person, or property as to Which another person has a right, to defeat his disposition, giving to that person an interest by his will ; that person shall not be permitted to defeat the disposition where it is in his power, and yet take under the will; the reason is the implied condition that he shall not take both...
Page 407 - 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 595 - ... at and for the sum of 10/. a year, at the least, for the term of one whole year ; nor unless such house or building, or...
Page 358 - The statute provides that no action shall be brought whereby to charge the defendant upon any agreement that is not to be performed within the space of one year from the making thereof, unless the agreement or some memorandum or note thereof shall be in writing...