Term Reports in the Court of King's Bench, Volume 2J. Butterworth and Son, 1817 |
From inside the book
Results 1-5 of 100
Page 5
... opinion was , without giving any positive opinion upon the EDMOND- question of law , that this rule ought to be discharged . An against application for a new trial is an application to the discretion of the Court , who ought to exercise ...
... opinion was , without giving any positive opinion upon the EDMOND- question of law , that this rule ought to be discharged . An against application for a new trial is an application to the discretion of the Court , who ought to exercise ...
Page 21
... opinion that this conviction could not be sup- ported ; because I think that the evidence should be set forth par- ticularly , that we may judge whether the justice has convicted upon proper evidence . The fact of keeping or using the ...
... opinion that this conviction could not be sup- ported ; because I think that the evidence should be set forth par- ticularly , that we may judge whether the justice has convicted upon proper evidence . The fact of keeping or using the ...
Page 22
... opinion of the Court , if the justice do not exceed his authority . Although the present conviction cannot be quashed , because my brothers have given their opinions in sup- port of it , yet I did not choose that this question should ...
... opinion of the Court , if the justice do not exceed his authority . Although the present conviction cannot be quashed , because my brothers have given their opinions in sup- port of it , yet I did not choose that this question should ...
Page 23
... opinion may have the effect of inducing justices of the peace in future to state the whole matter upon the record . The Court however entertaining some doubt on another part of the conviction , namely , whether it sufficiently appeared ...
... opinion may have the effect of inducing justices of the peace in future to state the whole matter upon the record . The Court however entertaining some doubt on another part of the conviction , namely , whether it sufficiently appeared ...
Page 30
... opinion . THIS Judgment for the plaintiff . WAY against MODIGLIANI . THIS was an action on a policy of assurance on the ship Polly , " at and from the 20th October 1786 , from any ports in New- the time on " foundland to Falmouth , or ...
... opinion . THIS Judgment for the plaintiff . WAY against MODIGLIANI . THIS was an action on a policy of assurance on the ship Polly , " at and from the 20th October 1786 , from any ports in New- the time on " foundland to Falmouth , or ...
Common terms and phrases
act of bankruptcy act of parliament action admitted afterwards agreement appears apply appointed ASHHURST assignment assumpsit bail bailiff bankrupt bill of lading bishop bishop of Ely bond bound brought BULLER Burr certiorari charter common law considered consignee consignor contended contrà contract copyhold corporation costs Court Court of equity creditors debt declaration deed defendant defendant's discharged election entitled evidence execution executor fendant give given grant GROSE ground heirs held indictment Inhabitants intended issue judge judgment jury justice KING land lease lessor liable liberty Lord Mansfield mandamus manor ment objection opinion paid parish party pauper payment person plaintiff plea pleaded possession present prisoner question quo warranto received recover rent repair rule scire facias Sessions settlement sheriff shew cause ship statute sufficient taken tenant term tion trial trustees verdict Vide visitor void warrant whole words writ of error
Popular passages
Page 443 - Coke (vo1. 1, 1040,) is, that 'when the ancestor by any gift or conveyance takes an estate of freehold, and in the same gift or conveyance an estate is limited, either mediately or immediately, to his heirs in fee or in tail, that always in such cases 'the heirs' are words of limitation of the estate and not words of purchase.
Page 80 - We may lay it down as a broad general principle, that wherever one of two innocent persons must suffer by the acts of a third, he who has enabled such third person to occasion the loss must sustain it.
Page 443 - Court of King's Bench, 1786. 1 Term Rep. 159. Ejectment tried at the last assizes at Salisbury, before Hotham, Baron, when a verdict was found for the plaintiff, subject to the opinion of the Court...
Page 83 - ... but to serve as a guide for the future. Most of us have heard these principles stated, reasoned upon, enlarged, and explained, till we have been lost in admiration at the strength and stretch of the human understanding. And I should be very sorry to find myself under a necessity of differing from any case on this subject which has been decided by LORD MANSFIELD, who may be truly said to be the founder of the commercial law of this country.
Page 473 - But charging another with having had a contagious disorder is not actionable ; for unless the words spoken impute a continuance of the disorder at the time of speaking them, the gist of the action fails...
Page 61 - HOLMES delivered the opinion of the court. The question in this case is whether the following instrument is entitled to probate: "Washington, DC Aug. 31
Page 352 - That we may the better apprehend the nature of a visitor, we are to consider that there are in law two sorts of corporations aggregate ; such as are for public government, and such as are for private charity. Those that are for the public government of a town, city, mystery, or the like, being for public advantage, are to be governed according to the laws of the land.
Page 352 - Hall, which have no particular or special visitors, yet corporations for charity, founded and endowed by private persons, are subject to the rule and government of those that erect them; but where the persons to whom the charity is given are not incorporated, there is no such visitatorial power, because the interest of the revenue is not invested in them; but where they are, the right of visitation ariseth from the foundation, and the founder...
Page 576 - First, that every information or indictment must contain such a description of the crime that the defendant may know what crime it is which he is called upon to answer. " Secondly, that the jury may appear to be warranted in their conclusion of guilty or not guilty.
Page 117 - Now it is an incontrovertible position, that by the general law of the land the parish at large is prima facie bound to repair all highways lying within it, unless by prescription they can throw the onus on particular persons by reason of their tenure ; but when this is the case, it is by way of exception to the general rule, and therefore, where no other persons are bound to repair, the parish must do so, ex necessitate.