Reports of Cases Argued and Determined in the English Courts of Common Law: With Tables of the Cases and Principal Matters, Volume 28T. and J.W. Johnson, law booksellers, 1854 |
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Page 36
... considered as evidence of a better and higher nature than mere presumption arising from the proof of the witness's hand - writing . Stabitur præsumtioni , donec proberur in contrarium . The effect , however , of Bleasdale's examination ...
... considered as evidence of a better and higher nature than mere presumption arising from the proof of the witness's hand - writing . Stabitur præsumtioni , donec proberur in contrarium . The effect , however , of Bleasdale's examination ...
Page 37
... considered the case to be within the statute . ( a ) TAUNTON J. sat in the Bail Court this term . ( b ) Lord DENMAN C. J. , LITTLEDALE , PARKE and PATTESON JS . HENRY MOORE and CHARLES MOORE v . WILLIAM TAYLOR . An insurance was made on ...
... considered the case to be within the statute . ( a ) TAUNTON J. sat in the Bail Court this term . ( b ) Lord DENMAN C. J. , LITTLEDALE , PARKE and PATTESON JS . HENRY MOORE and CHARLES MOORE v . WILLIAM TAYLOR . An insurance was made on ...
Page 45
... considered as strengthening the evidence of the original fraud ; and it cannot revive the right of repudiation which has been once waived . LORD DENMAN C. J. I acted upon the principle which has been so clearly put by the rest of the ...
... considered as strengthening the evidence of the original fraud ; and it cannot revive the right of repudiation which has been once waived . LORD DENMAN C. J. I acted upon the principle which has been so clearly put by the rest of the ...
Page 47
... considered and decided . * PARKE J. I am of the same opinion . I always thought that a * 49 ] subpoenâ duces tecum had two distinct objects , and that one might be enforced without the other . ( a ) PATTESON J. concurred . Rule refused ...
... considered and decided . * PARKE J. I am of the same opinion . I always thought that a * 49 ] subpoenâ duces tecum had two distinct objects , and that one might be enforced without the other . ( a ) PATTESON J. concurred . Rule refused ...
Page 73
... considered as between the parties . * 109 ] * Kelly , contrà . The question is not on the record . The considera- tion there stated is the payment of a debt alleged to be due ; but it is clear , upon the evidence , that the debt was ...
... considered as between the parties . * 109 ] * Kelly , contrà . The question is not on the record . The considera- tion there stated is the payment of a debt alleged to be due ; but it is clear , upon the evidence , that the debt was ...
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Common terms and phrases
action admitted affidavit aforesaid afterwards agreement alleged amend appear apply appointment assignment assumpsit award bail bankrupt bankruptcy bill of exchange Bing certiorari charge clause codicil contract costs count court creditors damages debt declaration defendant defendant's devised discharged distrain distress ejectment entitled evidence execution executors Fazakerley free warren gaol Gillibrand given grant ground held Hilary term Hungerford Market indenture indictment issue judgment jury justices King's Bench land liable LITTLEDALE LORD DENMAN C. J. mandamus manor matter ment messuages nonsuit notice opinion paid parish party PATTESON payment person plaintiff plaintiff in error plea pleaded possession premises proceedings quarter sessions question refused rent replication respect rule nisi sessions settlement sheriff show cause stat statute taken TAUNTON tenant term testator thereof tion tithes toll trial Trinity term trustees verdict vestry warrant of attorney William witness words writ
Popular passages
Page 187 - Defendant afterwards, under leave, reserved at the trial, moved for and obtained a rule to show cause why the verdict should not be set aside...
Page 111 - Provided always, that nothing herein contained shall alter or take away or lessen the Effect of any Payment of any Principal or Interest made by any Person whatsoever...
Page 217 - Justice, and of an Act passed in the Parliament of Ireland in the Sixth Year of the Reign of Queen Anne, intituled An Act for the Amendment of the Law and the better advancement of Justice...
Page 427 - Nisi was obtained, calling on the plaintiff to show cause why a new trial should not be granted, upon the ground that the testimony of the woman had been improperly rejected.
Page 167 - Session holden in the Eighth and Ninth Years of the Reign of King William the Third, intituled An Act for -the better preventing frivolous and vexatious Suits...
Page 97 - I have humbly to move your lordship for a rule to show cause why a nonsuit should not be entered, or why the verdict entered for the plaintiff" should not be set aside, and a New Trial had.
Page 220 - ... and that the judgment of the court below ought to be affirmed, with costs.
Page 44 - Pollock now moved for a rule to show cause why the nonsuit should not be set aside and a new trial had. The plaintiff is entitled to recover the money paid for the shares, the consideration for the payment having totally failed.
Page 236 - ... the defendant has not appealed against the conviction, where an appeal is allowed, or. if appealed against, the conviction has been affirmed, such conviction shall not afterwards be set aside or vacated in consequence of any defect of form whatever, but the construction shall be such a fair and liberal construction as will "be agreeable to the justice of the case.
Page 102 - ... personal estate and effects within this realm or abroad which such prisoner may purchase, or which may revert, descend, be devised or bequeathed, or come to him...