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 v
... respect , it may be , and is , prudently departed from , by those who record the proceedings of other courts of judicature . The decisions of the " Court of Delegates " being only conveyed to the public in the terms of their decrees ...
... respect , it may be , and is , prudently departed from , by those who record the proceedings of other courts of judicature . The decisions of the " Court of Delegates " being only conveyed to the public in the terms of their decrees ...
Page 12
... respect to Lady Donegal's residence in Ireland , but alleges grounds of protest of quite a distinct and dissimilar nature . The grounds of protest stated in the act are , that no instance occurs of the issue of a similar process in any ...
... respect to Lady Donegal's residence in Ireland , but alleges grounds of protest of quite a distinct and dissimilar nature . The grounds of protest stated in the act are , that no instance occurs of the issue of a similar process in any ...
Page 21
... respect , a sound legal discretion . If it be said , that the Judge , in this case , had tied up his own hands , by deferring to the appeal , I answer that it rested with this Court , and not with him to determine , whether the matter ...
... respect , a sound legal discretion . If it be said , that the Judge , in this case , had tied up his own hands , by deferring to the appeal , I answer that it rested with this Court , and not with him to determine , whether the matter ...
Page 22
... respect to the admission of appeals [ namely , " quod semper in dubio , est appellationi defc- rendum , ut dicunt OMNES ; " and that " etiamsi judex admiserit appellationem non admittendam , sit a pœnā excusundus , & c . " ] , that ...
... respect to the admission of appeals [ namely , " quod semper in dubio , est appellationi defc- rendum , ut dicunt OMNES ; " and that " etiamsi judex admiserit appellationem non admittendam , sit a pœnā excusundus , & c . " ] , that ...
Page 37
... respects personalty , is repub- lished by a codicil , whether so attested or not . No evidence of intention to republish is requisite , in either case ; the very act of making the codicil , prima facie at least , infers the intention ...
... respects personalty , is repub- lished by a codicil , whether so attested or not . No evidence of intention to republish is requisite , in either case ; the very act of making the codicil , prima facie at least , infers the intention ...
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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...