Reports of Cases Argued and Determined in the Court of King's Bench: With Tables of the Names of Cases and Principal Matters, Volume 1J. Butterworth and Son, 1806 - Law reports, digests, etc |
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Common terms and phrases
act of parliament action admitted affidavit afterwards againſt alfo alleged annuity appear appointed assumpsit averred bail bailiff becauſe BLANC bridge cafe captain caufe cauſe certificate Chadderton charged churchwardens confideration contended contrà contract Court court leet covenant damage debt declaration defendant delivered demurrer entitled evidence execution executors fact faid falfe fame feffions fendant fettlement fhall fhew fhip fhould fraud ftat ftated fubject fuch fupport fworn granted GROSE ground heirs himſelf holden iffue indictment intention judgment jurisdiction jury justices KING lease liable Little Bolton Lord ELLENBOROUGH Lord Kenyon Lord Mansfield mandamus matter ment nonsuit objection offence opinion overfeers paid parish party pauper person plaintiff plea pleaded prefent premiſes proceedings purpoſe question reaſonable recover Richard Pearce rule shew ship stat ſtated statute statute of frauds sufficient tenant Term Rep testator thereof tion trial uſed verdict warrant words writ of error
Popular passages
Page 511 - Captain and you are also to observe and follow such Orders and Directions as you shall from time to time receive from...
Page 501 - CJ, at the sittings after term, a verdict was found for the plaintiffs, subject to the opinion of the Court, on the following case : The plaintiffs, on the 12th May, 1817, effected a policy of insurance on West India produce in the ship
Page 539 - The question for the opinion of the Court is, whether the plaintiff is entitled to recover.
Page 451 - I take the rule to be, that if the whole of an averment may be struck out without destroying the plaintiff's right of action, it is not necessary to prove it; but...
Page 511 - Hereof nor you nor any of you may fail, as you will answer the contrary at your peril. And for so doing this shall be your warrant. Given under our hands and the seal of the office of Admiralty this thirteenth day of November, 1805, in the fortysixth year of His Majesty's reign.
Page 539 - As insurance is a contract of indemnity, it cannot be said to be extended beyond what the design of such species of contract will embrace, if it be applied to protect men from those losses and disadvantages which, but for the perils insured against...
Page 509 - By the Commissioners for executing the Office of Lord " High Admiral of Great Britain and Ireland, &c.
Page 321 - H have a latent defect not known to the seller. So again, the case is there put : If a man sell me a horse with a secret malady, without warranting it to be sound, he is not liable ; that is, if there be no fraud. The instances are familiar in the case of horses. It is known that they have secret maladies, which cannot be discovered by the usual trials and inspection of the horse ; therefore the seller requires a warranty of soundness, in order to guard against such latent defects.
Page 507 - His Majesty taking the same into consideration was pleased with the advice of his privy Council to approve of what is therein proposed, and doth...
Page 465 - A verdict was taken for the plaintiff, with leave to the defendant to move to set it aside and enter a nonsuit instead. And a rule nisi having been obtained in the...