Reports of Cases Determined in the Several Courts of Westminster-hall, from 1746 to 1779, Volume 1S. Sweet, R. Pheney, 1828 - Law reports, digests, etc |
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Page 47
... Affidavits are not usual in such cases . In the case of the Skinners ' Company , the Clerk refused to grant inspection , and an attachment was granted ; but it was argued , whether the papers required were proper to be seen , and the ...
... Affidavits are not usual in such cases . In the case of the Skinners ' Company , the Clerk refused to grant inspection , and an attachment was granted ; but it was argued , whether the papers required were proper to be seen , and the ...
Page 58
... affidavits , whether these statutes are in force . It was much controverted in 1736 , and then not settled . Nor will we now determine the power of granting mandamus's to visitors . Dr. Usher's Case is ill reported in 5 Mod . 452. It ...
... affidavits , whether these statutes are in force . It was much controverted in 1736 , and then not settled . Nor will we now determine the power of granting mandamus's to visitors . Dr. Usher's Case is ill reported in 5 Mod . 452. It ...
Page 60
... affidavit , that several conveyances were duly executed , and that present convey- at the general court in August last , they were offered to the homage , who refused to present them . Sir R. Lloyd , Mr. Hume Campbell , Mr. Green and Mr ...
... affidavit , that several conveyances were duly executed , and that present convey- at the general court in August last , they were offered to the homage , who refused to present them . Sir R. Lloyd , Mr. Hume Campbell , Mr. Green and Mr ...
Page 61
... affidavit that he was not sworn in already ; otherwise mandamus's would be endless . The intendment of law is that every man will do his duty , till the contrary appears . No mandamus can therefore be issued against the lord . As to the ...
... affidavit that he was not sworn in already ; otherwise mandamus's would be endless . The intendment of law is that every man will do his duty , till the contrary appears . No mandamus can therefore be issued against the lord . As to the ...
Page 71
... affidavits hinc inde , that the College was founded by Margaret Countess of Richmond , who consigned the completion of it to Fisher , Bishop of Rochester , and he finished and gave it a body of statutes , 2 Hen . 8. The College is ...
... affidavits hinc inde , that the College was founded by Margaret Countess of Richmond , who consigned the completion of it to Fisher , Bishop of Rochester , and he finished and gave it a body of statutes , 2 Hen . 8. The College is ...
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Common terms and phrases
2dly act of Parliament action affidavit afterwards appears argued assigned assumpsit bill Bishop Blackfordby certiorari cestuy Chancery cited common law contract conveyance Court court leet Court of equity Crown debt declared deed defendant determined devise discharged 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 rule S. C. 3 Burr Salk 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 34 - This is properly a criminal method of prosecution, as well to punish the usurper by a fine for the usurpation of the franchise, as to oust him, or seize it for the crown; but hath long been applied to the mere purposes of trying the civil right, seizing the franchise or ousting the wrongful possessor; the fine being nominal only.
Page 191 - When a ship is driven on shore, it is the duty of the master either to repair his ship, or to procure another; and having performed the voyage, he is then entitled to his freight ; but he is not entitled to the whole freight, unless he perform the whole voyage, except in cases where the owner of the goods prevents him ; nor is he entitled pro rata unless under a new agreement.
Page 672 - Honor directed a case to be stated for the opinion of the Court of King's Bench.
Page 405 - 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 301 - Now upon the Best Consideration I have been able to give this Matter, I am very clear of Opinion, that at the Trial, I ought not to have admitted the Evidence of Usage. But the Point of Law is here settled...
Page 468 - The policy is founded on mifreprefentation : the fhip is infured " at and from Genoa to Dublin ; the adventure to begin " from the loading, to equip for this voyage.
Page 358 - ... might happen within the year; but where it appears by the whole tenor of the agreement that it is to be performed after the year, there a note is necessary.
Page 304 - Taylor it was found, by the special verdict, "that before the reign of her late majesty, Queen Anne, it was usual to purchase from authors the perpetual copyright of their books, and to assign the same from hand to hand for valuable consideration, and to make the same the subject, of family settlements, for the provision of wives and children.