Reports of Cases Argued and Determined in the Court of Common Pleas, and Other Courts: With Tables of the Cases and Principal Matters, Volume 2J. Butterworth and Son, 1825 |
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Page 11
... entered for the De- fendants , on the ground that payment of rent to Duplock by Fenner , after he knew the existence of , and had con- sulted on , Judge's claim , was an acknowledgment of Duplock as landlord , equivalent to a new taking ...
... entered for the De- fendants , on the ground that payment of rent to Duplock by Fenner , after he knew the existence of , and had con- sulted on , Judge's claim , was an acknowledgment of Duplock as landlord , equivalent to a new taking ...
Page 12
... entered on ; the Defendant knowing he had no title , and the Plaintiff not knowing in what way the defect was occasioned ; it would , there- fore , be gross injustice if we were to set aside the verdict , or grant a new trial . PARK J ...
... entered on ; the Defendant knowing he had no title , and the Plaintiff not knowing in what way the defect was occasioned ; it would , there- fore , be gross injustice if we were to set aside the verdict , or grant a new trial . PARK J ...
Page 15
... entered , and had been sued in trespass , he might have pleaded liberum tene- mentum ; and if the demise had been replied , he might have shown that it was determined . Turner v . Mey- mott ( c ) was an authority to shew that the lessor ...
... entered , and had been sued in trespass , he might have pleaded liberum tene- mentum ; and if the demise had been replied , he might have shown that it was determined . Turner v . Mey- mott ( c ) was an authority to shew that the lessor ...
Page 18
... entered up in May , upon which , error was brought in the King's Bench . In November , 1823 , the judgment of this court was affirmed , when error was again brought in the House of Lords , and a rule to transcribe served in February ...
... entered up in May , upon which , error was brought in the King's Bench . In November , 1823 , the judgment of this court was affirmed , when error was again brought in the House of Lords , and a rule to transcribe served in February ...
Page 19
... entered on the bail - piece , unless the terms of it had been complied with , or it had become impossible to comply with them : here they had not been complied with , inasmuch as the Defendant had not been rendered to the Fleet prison ...
... entered on the bail - piece , unless the terms of it had been complied with , or it had become impossible to comply with them : here they had not been complied with , inasmuch as the Defendant had not been rendered to the Fleet prison ...
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Common terms and phrases
act of parliament action aforesaid alleged Ann Warner annuities appears appointment assigns assumpsit attorney attornment avowry bankrupt BEST C. J. bills bond Brickfield Meadow BURROUGH charge claim coach codicil commissioners copyhold count Court covenant creditors death debt declaration deed Defendant Defendant's delivered demise demurrer devise discharge distrained distress Dundraw entitled evidence execution executors expences fendant feoffment freehold Galwith ground heirs held heriots holden inclosure act intention interest issue judgment jury land Lord Lord Coke manor ment messuage nonsuit obtained a rule opinion owner paid parish PARK party payment Pell Serjt person pilot Plaintiff plea pleaded possession premises present purchase question recover refused rent replevin respect Roake rule nisi Sarah says seised sheriff shewed cause ship statute sufficient Taddy Serjt tenant tenement term testator thereof tiff trial Vaughan Serjt verdict vessel voyage warrant wife words writ
Popular passages
Page 323 - The question for the opinion of the court was whether the plaintiff was entitled to recover. If he was, the verdict was to stand ; if he was not entitled to recover, a verdict was to be entered for the defendants.
Page 202 - ... from the beginning of the world to the day of the date of these presents.
Page 350 - All sheriffs and other officers having authority to grant reptevins, may and shall, in every replevin of a distress for rent, take, in their own names, from the Plaintiff and two responsible persons as sureties, a bond...
Page 374 - Proceedings shall and may be had upon such Judgment as may seem fit to the Discretion of the said Court from time to time, until the whole of the Debts due to the several Persons against whom such Discharge shall have been obtained shall be fully paid and satisfied...
Page 252 - Burroughs J. joined in the protest of the chief justice " against arguing too strongly upon public policy : it is a very unruly horse, and when once you get astride it, you never know where it will carry you. It may lead you from the sound law. It is never argued at all but when other points fail.
Page 160 - bottomed on this principle, that he who expects to derive advantage from an act which is done by another for him, must answer for any injury which a third person may sustain from it.
Page 297 - The fact is Lord Coke had no authority for what he states, but I am afraid we should get rid of a good deal of what is considered law in Westminster Hall if what Lord Coke says without authority is not law. He was one of the most eminent lawyers that ever presided as a judge in any court of justice, and what is said by such a person is good evidence of what the law is, particularly when it is in conformity with justice and common sense.
Page 153 - Assigns for ever, to take as Tenants in Common, and not as Joint Tenants, and to and for no other use, intent or purpose whatsoever.
Page 141 - ... any lands, tenements or hereditaments, or of any stock, money, goods, chattels or other personal estate, or securities for money to be laid out or disposed of in the purchase of any . lands, tenements or hereditaments, or of any estate or interest therein, or of any charge or incumbrance affecting or to affect the same...
Page 9 - Vaughan now moved for a rule to shew cause, why the verdict should not be set aside, and a new trial granted.