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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Results 1-5 of 30
Page 17
... ( Equitable plea or replication . ) 721 c . 119 , s . 20. ( Bankrupt : petition . ) 707 ( a ) c . ccxi . ss . 32 , 34 , 35. ( Great Northern Railway Company : tolls . ) 471 , 472 , 474 , 476 18 & 19 , c . 63 , s . 27. ( Friendly society ...
... ( Equitable plea or replication . ) 721 c . 119 , s . 20. ( Bankrupt : petition . ) 707 ( a ) c . ccxi . ss . 32 , 34 , 35. ( Great Northern Railway Company : tolls . ) 471 , 472 , 474 , 476 18 & 19 , c . 63 , s . 27. ( Friendly society ...
Page 41
... equitable ; and that they could not elect to take their annuities out of the rents of the lands in Hunstonworth . * And , lastly , that the said John Calcot , William Kay , Mark * 44 ] Pattinson , and James Thompson , being members of ...
... equitable ; and that they could not elect to take their annuities out of the rents of the lands in Hunstonworth . * And , lastly , that the said John Calcot , William Kay , Mark * 44 ] Pattinson , and James Thompson , being members of ...
Page 77
... equitable discretion of the court . 3. Then , the 13th section of the 7 & 8 Vict . c . 113 , requires , that , previously to the application for execution , ten days ' notice shall be given to the person sought to be charged thereby ...
... equitable discretion of the court . 3. Then , the 13th section of the 7 & 8 Vict . c . 113 , requires , that , previously to the application for execution , ten days ' notice shall be given to the person sought to be charged thereby ...
Page 137
... equitable rights to the rents beyond the term granted by the annuity - deeds , which afford an answer to this action ... equitable title under the deeds of 1825 and 1826 which is now available . " 3. If there be any equitable title to ...
... equitable rights to the rents beyond the term granted by the annuity - deeds , which afford an answer to this action ... equitable title under the deeds of 1825 and 1826 which is now available . " 3. If there be any equitable title to ...
Page 139
... equitable charge as [ * 142 against Thomas Lingham and any one claiming under him . The plaintiff cannot , therefore , contend that he had not notice of that agreement , and of the rights of Thackeray and Ellis under it . And , if a man ...
... equitable charge as [ * 142 against Thomas Lingham and any one claiming under him . The plaintiff cannot , therefore , contend that he had not notice of that agreement , and of the rights of Thackeray and Ellis under it . And , if a man ...
Common terms and phrases
action affidavit aforesaid agent agreement alleged amount application appointed assignees attorney behalf borough carriage carried Caterham charge charter-party claim coal and coke coals COCKBURN collieries complainant contract costs counsel court court of equity creditor CRESSWELL CROWDER debt declaration deed defendant defendant's delivered deponent discharged E. C. L. R. vol Eastern Counties Railway Eastern Railway Company Edward Rawson entitled equity evidence Exch execution ground held issue John Thackeray John Watson judge judgment jury Kingston station land liable Lingham London Lord mentioned Messrs Midland railway North Eastern Railway notice obtained opinion owners Oxlade paid party payment person plaintiff plea premises proceedings proprietor purpose question Ralph Ellis received recover referred refused rent respect river Yeo Royal British Bank rule shareholder show cause Sir F society statute tenant thereof Thesiger tion traffic Union Bank verdict Vict wagons writ
Popular passages
Page 187 - 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 111 - 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...