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 2586
... Matter of form THIS was an action of debt upon a bail - bond , brought by the plaintiff as assignee of the Sheriff of Corn- wall . The plaintiff declared that after the first day of a Trinity Term 1706 , viz . on the 23d day of February ...
... Matter of form THIS was an action of debt upon a bail - bond , brought by the plaintiff as assignee of the Sheriff of Corn- wall . The plaintiff declared that after the first day of a Trinity Term 1706 , viz . on the 23d day of February ...
Page 2613
... matter could not be given in evidence , but ought to have been pleaded in abatement . THE COURT gave him a rule to shew why the non- suit should not be set aside , and a new trial had . Mr. Serjeant Davy now ( on this 14th May ) shewed ...
... matter could not be given in evidence , but ought to have been pleaded in abatement . THE COURT gave him a rule to shew why the non- suit should not be set aside , and a new trial had . Mr. Serjeant Davy now ( on this 14th May ) shewed ...
Page 2615
... matter merely among themselves . A creditor knows with whom he dealt but he does not know the secret partner . may be nonsuited twenty times before he learns them all ; or driven to a suit in equity , for a discovery " who they " are ...
... matter merely among themselves . A creditor knows with whom he dealt but he does not know the secret partner . may be nonsuited twenty times before he learns them all ; or driven to a suit in equity , for a discovery " who they " are ...
Page 2635
... matter itself is any legal ground of objection . As to the case cited from a book called Moseley's Re . [ 2630 ] ports - he owned , he had never seen such a hook . LORD MANSFIELD - The order , in that case , is general , " to supersede ...
... matter itself is any legal ground of objection . As to the case cited from a book called Moseley's Re . [ 2630 ] ports - he owned , he had never seen such a hook . LORD MANSFIELD - The order , in that case , is general , " to supersede ...
Page 2638
... matter fit to be left to a jury . But it is a shameful thing , to set up this fraudulent colourable bill of sale , as a real conveyance of the property . They thought , therefore , that the defendants might be at liberty to move for a ...
... matter fit to be left to a jury . But it is a shameful thing , to set up this fraudulent colourable bill of sale , as a real conveyance of the property . They thought , therefore , that the defendants might be at liberty to move for a ...
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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.