Cases Argued and Determined in the Court of Common Pleas and in the Exchequer Chamber: From 1856 ... [to 1865], Volume 4T. & J.W. Johnson & Company, 1860 |
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Results 1-5 of 100
Page 17
... amongst his creditors ; and semble , that the plea should have alleged that such a notice was given as is required by 8. 225 . Held , also , that the third plea was bad . THIS was a scire facias quare executionem non . The.
... amongst his creditors ; and semble , that the plea should have alleged that such a notice was given as is required by 8. 225 . Held , also , that the third plea was bad . THIS was a scire facias quare executionem non . The.
Page 19
... alleged . Secondly , that , after the commencement of the said action , and before the issuing of the scire facias herein , he , the defendant , was a trader liable to become bankrupt under the bankrupt laws , and within the meaning of ...
... alleged . Secondly , that , after the commencement of the said action , and before the issuing of the scire facias herein , he , the defendant , was a trader liable to become bankrupt under the bankrupt laws , and within the meaning of ...
Page 19
... alleged memorandum of arrangement , being the breach of the condition of the said bond alleged in the declaration , cannot be set up by way of defence thereto . " As to the third plea , - " That the third plea is bad , inasmuch as a ...
... alleged memorandum of arrangement , being the breach of the condition of the said bond alleged in the declaration , cannot be set up by way of defence thereto . " As to the third plea , - " That the third plea is bad , inasmuch as a ...
Page 47
... alleged that he is seised in fee beneficially : he may be seised in fee as a trustee or mortgagee . Or he may have been seised in fee subject to a condition subsequent which might defeat his estate : and this , as it now appears , was ...
... alleged that he is seised in fee beneficially : he may be seised in fee as a trustee or mortgagee . Or he may have been seised in fee subject to a condition subsequent which might defeat his estate : and this , as it now appears , was ...
Page 49
... alleged by way of direct recital or similar statement in the deed , and not merely matter to be inferred as the pro- bable , not certain , result of what is stated . Nor can this be considered . as other than a substantial objection ...
... alleged by way of direct recital or similar statement in the deed , and not merely matter to be inferred as the pro- bable , not certain , result of what is stated . Nor can this be considered . as other than a substantial objection ...
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Common terms and phrases
affidavit aforesaid agreed agreement Albert Reindel alleged amount appears application arrival Belize breach broker BYLES cable carriage of coal carrying coal charge Chassum claim coal from Peterborough COCKBURN complainants contract costs count county court covenant CROWDER debt declaration deed defendant defendant's delivered distance E. C. L. R. vol Eastern Counties Railway Elmswell entered evidence Exch executors garnishee ground Hadleigh held invention Ipswich John Mears judgment jury land learned judge lease lessor letter letters patent liable liquidated damages London matter ment mentioned miles Needham Market notice opinion owner paid parcels parties patent payment person plaintiff plea possession premises premium Priory Terrace purchaser question Railway Company rates reasonable rent respect Robert Stirling Newall rule servants ship Snell statute statute of Anne Stowmarket tenant term therein thereof tion vendor verdict vessel vestry Vict Victoria Road WILLIAMS writ
Popular passages
Page 327 - ... such as may fairly and reasonably be considered either arising naturally, ie according to the usual course of things, from such breach of contract itself, or such as may reasonably be supposed to have been in the contemplation of both parties, at the time they made the contract, as the probable result of the breach of it.
Page 327 - In respect of such breach of contract should be such as may fairly and reasonably be considered either arising naturally (ie, according to the usual course of things) from such breach of contract Itself, or as such as may reasonably be supposed to have been in the contemplation of both parties at the time they made the contract as the probable result of the breach of it.
Page 621 - Perth, whereof is master for this present voyage John Amess, and now lying in the harbour of Pancakie, bound for Liverpool, *to r*«94 say, cargo of oak-bark, being marked and numbered as in the *• margin, and are to be delivered...
Page 297 - Whenever the death of a person shall be caused by wrongful act, neglect, or default, and the act, neglect, or default is such as would, if death had not ensued, have entitled the party injured to maintain an action to recover damages in respect thereof...
Page 585 - The jury answered the first question in the affirmative and the second in the negative ; and to the third question they answered — " It was their duty to require from the wagon company some distinct assurance that it had been thoroughly examined and repaired.
Page 97 - April, 1832, by a certain indenture then made between the plaintiff of the one part, and the defendant of the other part...
Page 413 - On the other hand, if at the time of the sale the seller knows, not only that the person who is nominally dealing with him is not principal but agent, and also knows who the principal really is, and, notwithstanding all that knowledge, chooses to make the agent his debtor, dealing with him and him alone, then, according to the cases of Addison v.
Page 813 - To the use of my said nephew Sotherton Branthwayt Micklethwait, and his assigns, for and during the term of his natural life (without impeachment of waste...
Page 817 - Hawkhurst aforesaid), are to go and pass to the use of my great-nephew John Nathaniel Micklethwait, second son of my said nephew Nathaniel Micklethwait, and his assigns, for and during the term of his natural life (without impeachment of waste...
Page 793 - Hawkins successively in tail male, with remainder to the use of his first and other sons successively...