Reports of Cases Argued and Determined in the Ecclesiastical Courts at Doctors' Commons: Hilary term, 1822-Trinity term, 1823W. M'Dowall, 1823 |
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Page 9
... opinion that this objection could only be taken by an appearance under protest to the in- hibition . The Court therefore admitted the libel of appeal , as declining to pronounce upon the merits of the appeal , with nothing before it but ...
... opinion that this objection could only be taken by an appearance under protest to the in- hibition . The Court therefore admitted the libel of appeal , as declining to pronounce upon the merits of the appeal , with nothing before it but ...
Page 16
... opinion of the probability of such an CHICHESTER event . I rather , perhaps , infer that the contrary was DONEGAL . probable . In suffering or ordering this decree to issue the Judge appealed from appears to have con- sidered , that it ...
... opinion of the probability of such an CHICHESTER event . I rather , perhaps , infer that the contrary was DONEGAL . probable . In suffering or ordering this decree to issue the Judge appealed from appears to have con- sidered , that it ...
Page 17
... opinion whatever , whether the Judge of the Consistory would have done right , or would have done wrong , in complying with the CHICHESTER prayer of the protest ; but , under that protest , the want of jurisdiction as between the ...
... opinion whatever , whether the Judge of the Consistory would have done right , or would have done wrong , in complying with the CHICHESTER prayer of the protest ; but , under that protest , the want of jurisdiction as between the ...
Page 20
... opinion , that the Judge of the Court ap- pealed from was right in over - ruling the objection taken on behalf of the present appellant . It still however remains to be considered , whe- ther he was equally correct in proceeding in the ...
... opinion , that the Judge of the Court ap- pealed from was right in over - ruling the objection taken on behalf of the present appellant . It still however remains to be considered , whe- ther he was equally correct in proceeding in the ...
Page 22
... opinions as to this matter - and that " appellutio frivola , etiamsi per judicem fuerit admissa de facto , non facit attentata , " according to 30 ne authoriti.s . 1822 . Hilary Term . v . DONEGAL . and 22 CASES DETERMINED IN THE 1822. ...
... opinions as to this matter - and that " appellutio frivola , etiamsi per judicem fuerit admissa de facto , non facit attentata , " according to 30 ne authoriti.s . 1822 . Hilary Term . v . DONEGAL . and 22 CASES DETERMINED IN THE 1822. ...
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Common terms and phrases
administration admission admitted adultery affidavit allegation answers appears ARCHES COURT Armstrong article pleaded ATKINSON Barlee bearing date Best BLOOMFIELD brother cause charge CHICHESTER church rate churchwardens circum circumstances citation codicil consequently Consistory Court costs daughter death deceased's decree defendant deponent deposes Donegal Easter Term effect Elizabeth entitled evidence executed executor fact hand-writing Hatchard Hilary Term Hobson husband inference instance instructions instrument interrogatory John Saph Joshua Hobson Judge judgment jurisdiction KNIGHT and MOORE legatee libel Lord marriage Mary Maud and Pickwell ment Michaelmas Term monition namely nullity objection parish parishioners party cited party deceased person Pickwell Pittis plea Powell prayed present probate proceeding proctor pronounce proof propounded proved question Rachael Harris respect revoke Richard Richard Armstrong SCRUBY sentence Session shew Sir JOHN NICHOLL solicitor stances subsequent suit taken testator Thomas tion Trinity Term validity WESTCOTT widow wife witness
Popular passages
Page 268 - The king can do no wrong; which ancient and fundamental maxim is not to be understood, as if every thing transacted by the government was of course just and lawful, but means only two things. First, that whatever is exceptionable in the conduct of public affairs, is not to be imputed to the king, nor is he answerable for it...
Page 267 - Hence it is, that no suit or action can be brought against the king, even in civil matters, because no court can have jurisdiction over him. For all jurisdiction implies superiority of power : authority to try would be vain and idle, without an authority to redress ; and the sentence of a court would be contemptible, unless that court had power to command the execution of it : but who, says Finch°, shall command the king?
Page 269 - The former is of use, where the king is in full possession of any hereditaments or chattels, and the petitioner suggests such a right as controverts the title of the crown, grounded on facts disclosed in the petition itself...
Page 269 - THE common law methods of obtaining possession or restitution from the crown, of either real or personal property, are, 1. By petition de droit, or petition of right : which is said to owe its original to king Edward the first *. 2.
Page 28 - ... had and obtained, or if dead, of the guardian or guardians of the person of the party so under age, lawfully appointed, or one of them ; and in case there shall be no such guardian or guardians, then of the mother (if living and unmarried) or if there shall be no mother living and unmarried, then of a guardian or guardians of the person appointed by the court of Chancery; shall be absolutely null and void to all intents and purposes whatsoever.
Page 268 - ... prejudicial to the commonwealth, or a private person, the law will not suppose the king to have meant either an unwise or an injurious action, but declares that the king was deceived in his grant ; and thereupon such grant is rendered void...
Page 464 - ... during the term of her natural life, if she shall so long continue my widow...
Page 257 - In case of our royal demise, we give and bequeath to Olive, our brother of Cumberland's daughter, the sum of...
Page 387 - But, added to this, and independent of the statute of frauds altogether, the factum of a nuncupative will requires to be proved by evidence more strict and stringent than that of a written one, in every single particular.
Page 159 - In witness whereof I have to this my last Will and Testament...