Reports of Cases Argued and Determined in the Court of Common Pleas: With Table of the Names of Cases and Digest of the Principal Matters, Volume 1Henry Butterworth, 1836 |
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Results 1-5 of 58
Page 2
... intention of the legislature . Before this Statute , if an executor brought an action and failed , he was not liable to pay costs to the defendant ; and I have always supposed that this depended upon the peculiar words in the Stats . 23 ...
... intention of the legislature . Before this Statute , if an executor brought an action and failed , he was not liable to pay costs to the defendant ; and I have always supposed that this depended upon the peculiar words in the Stats . 23 ...
Page 4
... intention of the Statute to compel executors to pay costs in all cases , and therefore a discretion is placed in the hands of the judges . The question then is , was it the duty of these executors , using due care and discretion , to ...
... intention of the Statute to compel executors to pay costs in all cases , and therefore a discretion is placed in the hands of the judges . The question then is , was it the duty of these executors , using due care and discretion , to ...
Page 25
... intention to prefer Lawrence as to the payment of 1847 .; and secondly , an intention to prefer the defendants , as to the payment of the 2007 . But it is clear that the bankrupt's good intentions were directed towards Lawrence , and ...
... intention to prefer Lawrence as to the payment of 1847 .; and secondly , an intention to prefer the defendants , as to the payment of the 2007 . But it is clear that the bankrupt's good intentions were directed towards Lawrence , and ...
Page 26
... intention to prefer them to others . But it has been contended in the present case , that if from such an illegal motive with respect to A. , the bank- rupt pays money to B. , that the assignees may sue B. for the money so paid . But I ...
... intention to prefer them to others . But it has been contended in the present case , that if from such an illegal motive with respect to A. , the bank- rupt pays money to B. , that the assignees may sue B. for the money so paid . But I ...
Page 80
... intention of the legislature to vest the whole of the estate and effects of the insolvent in the assignee , is apparent by the twenty - eighth section , which exempts the income of a benefice or curacy from the operation of the previous ...
... intention of the legislature to vest the whole of the estate and effects of the insolvent in the assignee , is apparent by the twenty - eighth section , which exempts the income of a benefice or curacy from the operation of the previous ...
Common terms and phrases
action affidavit aforesaid agreement alleged amount annuity appears apply appointed assignment assumpsit attorney authority bankrupt bankruptcy bill of exchange Bing brought charter-party claim contract copyhold costs Court covenant creditors damages debt decease declaration deed defendant defendant's delivered demurrer devise entitled evidence execution executors fendant Frances Brooke freight GASELEE given granted ground heir held HUNGERFORD MARKET indorsed insolvent intention Interpleader issue judgment jury land lease leasehold leasehold estates lessor liable Lord Lord Ellenborough Lowndes manor ment mentioned nonsuit notice objection obtained a rule opinion paid parties payable payment Pearce person Philip Keys plaintiff plea pleaded possession premises promissory note proved question received recover rent replication rule nisi Serjt sheriff shew cause ship Stat Statute sufficient taken tenant term testator testator's thereof TINDAL tion trial trover trustees Upper Horton verdict words writ writ of right
Popular passages
Page 411 - ... in such possession or receipt, then such right " shall be deemed to have first accrued at the time of such death : " And when the person claiming such land or rent, shall claim in " respect of an estate or interest in possession...
Page 64 - Action after Issue joined, or if, upon Demurrer or otherwise, Judgment shall be given against the Plaintiff, the Defendant shall recover This Act not to extend to Scotland or Ireland, except in Two Cases.
Page 296 - I hereby appoint sole executrix of this my last will and testament ; hereby revoking all former wills by me made.
Page 411 - December one thousand eight hundred and thirty-three no arrears of rent or of interest in respect of any sum of money charged upon or payable out of any land or rent, or in respect of any legacy, or any damages in respect of such arrears of rent or interest, shall be recovered by any distress, action, or suit, Î" Section 40 is rep., from and after 1st January 1879, 37 & 38 Viet. c. 57. в. 9.J but within six years next after the same respectively shall have become due...
Page 426 - ... (the act of God, the Queen's enemies, fire, and all and every other dangers and accidents of the seas, rivers, and navigation of whatever nature and kind soever excepted) unto or to assigns freight for the said goods with primage and average accustomed.
Page 332 - ... all other perils, losses, and misfortunes that have or shall come to the hurt, detriment, or damage of the said goods and merchandises and ship, &c., or any part thereof...
Page 216 - In every species of assumpsit, all matters in confession and avoidance, including not only those by way of discharge, but those which show the transaction to be either void or voidable in point of law, on the ground of fraud or otherwise, shall be specially pleaded.
Page 411 - ... the right to make such entry or distress, or to bring such action, shall have first accrued to the person making or bringing the same.
Page 191 - ... and thereupon to exercise, for the adjustment of such claims and the relief and protection of the sheriff or other officer, all or any of the powers and authorities herein-before contained, and make such rules and decisions as shall appear to be j ust, according to the circumstances of the case; and the costs of all such proceedings shall be in the discretion of the court.
Page 285 - ... and in any such action the defendant may plead the general issue, and give this Act and the special matter in evidence at any trial to be had thereupon...