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" I think, therefore, that the rule should be discharged, but as the majority of the Court are of a different opinion, it must be made absolute. The judgment of Quain, J., and Archi" 1, J., was delivered by — ARCHIBALD, J. "
Reports of cases argued and determined in the Supreme court of New Brunswick ... - Page 79
by John Campbell Allen - 1878
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Reports of Cases Adjudged in the Supreme Court of Pennsylvania, Volume 3

Pennsylvania. Supreme Court, Thomas Sergeant, William Rawle - 1821 - 648 pages
...I cannot say that there is error either in the admission of the evidence, or opinion of the Court. But as the majority of the Court are of a different opinion, the judgment is of course reversed. Judgment reversed, and a venire facias de novo awarded. See Hamilton...
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Reports of Cases Argued and Determined in the Courts of Exchequer ..., Volume 1

Great Britain. Court of Exchequer, Thomas M'Cleland, Edward Younge - 1827 - 670 pages
...to the issue, which was sent to be tried, — that this case ought to undergo another investigation. But, as the majority of the court are of a different opinion, the rule must be discharged. Rule discharged (*). (*) Martin and Simpkinson applied at the sittings after this...
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Reports of Cases Argued and Determined in the Courts of Exchequer ..., Volume 1

Great Britain. Court of Exchequer, Roger Meeson, William Newland Welsby - 1837 - 824 pages
...a less sum was not within that authority. I have therefore some doubt on the case ; but as the rest of the Court are of a different opinion, the rule will be discharged : and this was certainly a very improper attempt on the part of the plaintiff's attorney to get the...
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Irish Law Reports: Particularly of Points of Practice, Argued and ..., Volume 5

Ireland. Court of King's Bench - 1843 - 660 pages
...Upon all these grounds, I am of opinion that the lessor of the plaintiff is entitled to judgment ; but as the majority of the Court are of a different opinion, the judgment of the Court must be in favour of the defendant. Judgment for the defendant. HT 1843. Quetn'sBencA....
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Common Bench Reports: Cases Argued and Determined in the Court of Common ...

Great Britain. Court of Common Pleas, James Manning, Thomas Colpitts Granger, John Scott - 1854 - 998 pages
...these experiments, now called infringements, were first made. I think the judgment should be affirmed ; but, as the majority of the court are of a different opinion, the judgment must be reversed, and a venire de novo awarded. Venire de novo. (a) (a) Upon this judgment,...
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Reports of Cases Argued and Determined in the English Courts of ..., Volume 21

Great Britain. Courts - 1864 - 820 pages
...agree in substance with the opinion delivered -"by Holroyd, J., in Morris v. Mellin, 6 B. & C. 446 ; but, as the majority of the Court are of a different opinion, the rule for the Master to review hia report must be made absolute. Rule absolute. BRETT v. BEALES. РЛ. 8....
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The County Courts Chronicle and Bankrupty Gazette, Volumes 7-8

1854 - 560 pages
...to be, ruinous. These are the grounds on which, I think, the defendant is entitled to our judgment ; but as the majority of the court are of a different opinion, there must be judgment for the plaintiff. Friday, Feb. 9. WATSON v. HCMPHKEY. Insolvency — Bankrupt/?/...
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The Exchequer Reports: Reports of Cases Argued and Determined in ..., Volume 2

Great Britain. Court of Exchequer, Edwin Tyrrell Hurlstone, Francis Joseph Coltman - 1866 - 662 pages
...opinion the judgment of the Court of Exchequer ought to be reversed and judgment given for the defendant. But as the majority of the Court are of a different opinion, the judgment is affirmed. Judgment affirmed. 'MEMORANDA. [*428 In this Vacation (29th July) Sir Crosswell...
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Reports of Cases Argued and Determined in the Supreme Court of South ...

South Australia. Supreme Court, L. Pelham - 1867 - 208 pages
...what he would have been warranted in making, supposing appropriate evidence had been adduced. However, as the majority of the Court are of a different opinion, the rule for prohibition must be made absolute. Eule absolute. JULY 20, 1866. IN THE MATTER OF THE MURNINNIE...
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The Law Reports. Court of Exchequer: From Michaelmas Term, 1865 ..., Volume 2

Great Britain. Court of Exchequer - 1867 - 468 pages
...of parliament was not obtained. < I must therefore concur with the judgment of my Brother Blackburn; but, as the majority of the Court are of a different opinion, the judgment must be in accordance therewith, namely, that the judgment of the Court of Exchequer be reversed....
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