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 4
... Rule refused . May 6 . ant , who had contracted for a twelve- month , and if HARRISON v . ALLEN and Others , Executors of W. YOUNGHUsband . The The Defend- THE Plaintiff sued in assumpsit on a contract , under which the testator had ...
... Rule refused . May 6 . ant , who had contracted for a twelve- month , and if HARRISON v . ALLEN and Others , Executors of W. YOUNGHUsband . The The Defend- THE Plaintiff sued in assumpsit on a contract , under which the testator had ...
Page 6
... rule : but it is not so , for , by the express agreement between the parties , the Plaintiff is entitled to interest , and that distinguishes the present case from Gordon v . Swan , in which there was no stipulation for interest . The ...
... rule : but it is not so , for , by the express agreement between the parties , the Plaintiff is entitled to interest , and that distinguishes the present case from Gordon v . Swan , in which there was no stipulation for interest . The ...
Page 9
... rule to shew cause why the verdict should not be set aside and a new trial granted : he cited Lord Ellenborough's judgment in Williams v . Everett ( a ) ; but the Court refused the rule ; and in giving judgment , BEST C. J. said , There ...
... rule to shew cause why the verdict should not be set aside and a new trial granted : he cited Lord Ellenborough's judgment in Williams v . Everett ( a ) ; but the Court refused the rule ; and in giving judgment , BEST C. J. said , There ...
Page 11
... rule to shew cause why the verdict found for the Plaintiff should not be set aside , and instead thereof , a verdict entered for the De- fendants , on the ground that payment of rent to Duplock by Fenner , after he knew the existence of ...
... rule to shew cause why the verdict found for the Plaintiff should not be set aside , and instead thereof , a verdict entered for the De- fendants , on the ground that payment of rent to Duplock by Fenner , after he knew the existence of ...
Page 17
... rule to guide our decision upon the present occasion ; and upon their authority we ought to refuse the rule which has been prayed . PARK J. Under the agreement to withdraw from oc- cupation an act is voluntarily to be performed by the ...
... rule to guide our decision upon the present occasion ; and upon their authority we ought to refuse the rule which has been prayed . PARK J. Under the agreement to withdraw from oc- cupation an act is voluntarily to be performed by the ...
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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.