Reports of Cases Argued and Adjudged in the Court of King's Bench: During the Time Lord Mansfield Presided in that Court; from Michaelmas Term, 30 Geo. II. 1756, to Easter Term, 12 Geo. III. 1772, Volume 5W. Clarke, 1812 |
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Page 2613
... demand upon a partnership should be left at liberty to cull out one particular partner , and bring an action against him alone , leaving out the rest of the partners . In the case of Boson v . Sandford , 2 Salk . 440. the Court held ...
... demand upon a partnership should be left at liberty to cull out one particular partner , and bring an action against him alone , leaving out the rest of the partners . In the case of Boson v . Sandford , 2 Salk . 440. the Court held ...
Page 2614
... demand . But ex- perience shews that convenience , as well as justice , lies The other way . All contracts with partners are joint and several : every partner is liable to pay the whole . In He 1770 . RICE SHUTE . the judgment what ...
... demand . But ex- perience shews that convenience , as well as justice , lies The other way . All contracts with partners are joint and several : every partner is liable to pay the whole . In He 1770 . RICE SHUTE . the judgment what ...
Page 2615
... demand ; in the case . ] and who is not injured by another partner's not being made defendant ; because , what he pays , he must have credit for , in his account with the partnership . Upon this point , I very early consulted the three ...
... demand ; in the case . ] and who is not injured by another partner's not being made defendant ; because , what he pays , he must have credit for , in his account with the partnership . Upon this point , I very early consulted the three ...
Page 2646
... demand to be bailed , as of right . And they were clear , that a person committed under 13 , 14 C. 2. c . 1. §6 . till the next Quarter - Ses sions , could not claim to be bailed , as a right : for that the letter and meaning of this ...
... demand to be bailed , as of right . And they were clear , that a person committed under 13 , 14 C. 2. c . 1. §6 . till the next Quarter - Ses sions , could not claim to be bailed , as a right : for that the letter and meaning of this ...
Page 2649
... demand- ed of the prisoner " what & c : " Whereupon he prayed the benefit of his clergy . And this seems to have been properly within Sir Samuel Astrey's province ; though none of the civil part of the business might be so . The form of ...
... demand- ed of the prisoner " what & c : " Whereupon he prayed the benefit of his clergy . And this seems to have been properly within Sir Samuel Astrey's province ; though none of the civil part of the business might be so . The form of ...
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Common terms and phrases
2dly 3dly 4thly act of parliament action admitted affidavit aforesaid afterwards alledged appears Archdale assigns assumpsit attorney bail bankrupt Bigby bill brought bye-law certiorari charged college or commonalty common copyhold corporation costs court Court-Leet custody debt declaration deed defendant delivered devised discharged Durn ejectment election Eliz ex dimiss executor faculty of physic granted habeas corpus heirs male holden ibid indictment infra Inhabitants insured intention intitled issue John John Fothergill John Palmer John Taylor judge judgment jury justice of peace king King's land latitat lease liable London Lord MANSFIELD mandamus mayor ment notice offence opinion paid Palmer parish person plaintiff plea pleaded possession premisses quashed quo warranto Rudsdell rule scire facias Serjeant sheriff shew cause ship statute sufficient supra surrender tenant term testator testator's thereof Thomas tion trial trover verdict Wanlip widow wife William words
Popular passages
Page 2677 - CD, of the city aforesaid, merchant, my true and lawful attorney, for me, and in my name, and for my use to ask, demand, sue for...
Page 2803 - The counsel for the defendant moved for a rule to shew cause, why there should not be a new trial, and...
Page 9 - The fourth section of the statute of frauds (a) enacts, that no action shall be brought whereby to charge any executor or administrator upon any special promise to answer damages out of his own estate ; or whereby to charge the defendant upon any special promise to answer for the debt, default, or miscarriages, of another person...
Page 2705 - Rhodes, for and during the term of her natural life, and from and after her decease, to the...
Page ix - In one word, the gist of this kind of action is, that the defendant, upon the circumstances of the case, is obliged by the ties of natural justice and equity to refund the money'.
Page 2744 - ... that no person within the city of London, nor within seven miles of the same, take upon him to exercise or occupy as a physician or surgeon, except he be first examined, approved, and admitted by the bishop of London, or by the dean of St. Paul's for the time being, calling to him or them, four doctors of physic, and for surgery, other expert persons in that faculty...
Page 2681 - not guilty :" and the plaintiffs obtained a verdict. The defendant's counsel (Mr. Serjeant Davy, Mr. Serjeant Burland, and Mr. Hotchkins,) moved for a new trial; objecting that the action ought to have been brought in the name of the...
Page xix - ... of the same December, came into the hands and possession of the plaintiff, for a full and valuable consideration, and in the usual course and way of his business, and without any notice or knowledge of this bank-note being taken out of the mail.