Cases Argued and Determined in the Court of Common Pleas and in the Exchequer Chamber: From 1856 ... [to 1865], Volume 1T. & J.W. Johnson & Company, 1857 - Law reports, digests, etc |
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Page 21
... action or writ whatso- ever at common law , as the matter and case demands and requires , and as the manner there is ; and that such pleas , complaints , and actions , as well real as personal and mixed , shall be there heard and ...
... action or writ whatso- ever at common law , as the matter and case demands and requires , and as the manner there is ; and that such pleas , complaints , and actions , as well real as personal and mixed , shall be there heard and ...
Page 65
... action for 2057. 138. 4d . , and 81. 188. 2d . for costs , making together 2147. 118. 6d . : That , on the 4th of November instant , a writ of fi . fa . was issued in this action upon the above judgment , directed to the sheriffs of ...
... action for 2057. 138. 4d . , and 81. 188. 2d . for costs , making together 2147. 118. 6d . : That , on the 4th of November instant , a writ of fi . fa . was issued in this action upon the above judgment , directed to the sheriffs of ...
Page 67
... action against the bank , and a return [ * 70 of nulla bona made to a fi . fa . issued against the bank , and that , unless he paid to the plaintiff's attorney within ten days from the date of the notice the amount due upon the judgment ...
... action against the bank , and a return [ * 70 of nulla bona made to a fi . fa . issued against the bank , and that , unless he paid to the plaintiff's attorney within ten days from the date of the notice the amount due upon the judgment ...
Page 73
... action against the company arose : " then follows a proviso limiting the extent of the liability of former shareholders . [ WILLIAMS , J. - The utmost diligence of the judgment - creditor could not obtain satisfaction out of the moneys ...
... action against the company arose : " then follows a proviso limiting the extent of the liability of former shareholders . [ WILLIAMS , J. - The utmost diligence of the judgment - creditor could not obtain satisfaction out of the moneys ...
Page 75
... action . In Geikie v . Hew- [ * 77 son , 4 M. & G. 618 , 5 Scott , N. R. 484 , pending an action of debt by A. against B. , as acceptor of a bill for 4687. 18. 9d . , and for 1500l . for goods sold and delivered , & c . , A. filed an ...
... action . In Geikie v . Hew- [ * 77 son , 4 M. & G. 618 , 5 Scott , N. R. 484 , pending an action of debt by A. against B. , as acceptor of a bill for 4687. 18. 9d . , and for 1500l . for goods sold and delivered , & c . , A. filed an ...
Common terms and phrases
action affidavit aforesaid agent agreement alleged amount application appointed assignees attorney authority behalf borough carriage carried Caterham charge charter-party claim coal and coke coals COCKBURN coke collieries complainant contract costs counsel court court of equity creditor CRESSWELL CROWDER damages debt declaration deed defendant defendant's delivered deponent discharged E. C. L. R. vol Eastern Counties Railway Eastern Railway Company Edward Rawson entitled evidence Exch execution ground held issue John Thackeray judge judgment jury Kingston station land Lingham London Lord Messrs Midland Midland railway North Eastern Railway notice objection opinion owners Oxlade paid party payment person plaintiff plea premises proceedings purpose question Ralph Ellis reason received recover referred refused rent respect revising barrister river Yeo Royal British Bank rule shareholder show cause Sir F society statute tenant thereof Thesiger tion traffic trial verdict Vict wagons William writ
Popular passages
Page 219 - 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, or give something in earnest to bind the bargain, or in part payment, or that some note or memorandum in writing of the said bargain be made and signed by the parties to be charged by such contract, or their agents thereunto lawfully authorized.
Page 595 - ... is the language of the law. Though he may use the water while it runs over his land, he cannot unreasonably detain it, or give it another direction, and he must return it to its ordinary channel when it leaves his estate. Without the consent of the adjoining proprietors, he cannot divert or diminish the quantity of water which would otherwise descend to the proprietors below, nor throw the water back upon the proprietors above, without a grant or an uninterrupted enjoyment of twenty years, which...
Page 595 - ... without diminution or alteration. No proprietor has a right to use the water to the prejudice of other proprietors above or below him, unless he has a prior right to divert it, or a title to some exclusive enjoyment.
Page 303 - It has been contended that that is erroneous, and that it should have been left to the jury to say whether there was any such implied contract.
Page 315 - Olyn, for the plaintiff, contended that, under the 87th section of the Common Law Procedure Act 1854 (17 & 18 Viet. c. 125...
Page 447 - ... no such company shall make or give any undue or unreasonable preference or advantage to or in favour of any particular person or company, or any particular description of traffic, in any respect whatsoever...
Page 123 - Judge reserved leave to the defendant to move to enter the verdict for him if the Court should be of opinion that...
Page 43 - ... if the qualification consist of a rent-charge, then the names of the owners of the property out of which such rent is issuing, or some of them, and the situation of the property.
Page 561 - ... appear in such copy or extract without proof of the signature thereto or of the seal of office affixed thereto...
Page 303 - And it is further submitted, that it is an invariably true proposition, that, wherever one of the parties to a special contract not under seal has. in an unqualified manner, refused to perform his side of the contract, or has disabled himself from performing it by his own act, the other party has, thereupon, a right to elect to rescind it, and may, on doing so, immediately sue on a quantum meruit for anything which he had done under it previously to the rescission ; this it is apprehended is established...