The Exchequer Reports: Reports of Cases Argued and Determined in the Courts of Exchequer & Exchequer Chamber, 2. köide;145. köideH. Sweet, 1858 |
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Page 11
... Court intimated an opinion that they did not quite agree with the judgment of the Court below . That of course would make the case of doubtful authority . But in fact every case where a covenant is implied must stand upon its own ...
... Court intimated an opinion that they did not quite agree with the judgment of the Court below . That of course would make the case of doubtful authority . But in fact every case where a covenant is implied must stand upon its own ...
Page 20
... Court may give equitable relief without the instrument being first reformed . That was the test applied by the Court in the case of Luce v . Izod ( c ) . [ Bramwell , B. — That was an application by the defendant for leave to plead an ...
... Court may give equitable relief without the instrument being first reformed . That was the test applied by the Court in the case of Luce v . Izod ( c ) . [ Bramwell , B. — That was an application by the defendant for leave to plead an ...
Page 21
... Court of law a legal debt , and the defendant sought to avoid being driven into a Court of equity to defend himself . Here the plaintiff , having the power of EQUITABLE choosing his tribunal , resorts to a Court of law of his own accord ...
... Court of law a legal debt , and the defendant sought to avoid being driven into a Court of equity to defend himself . Here the plaintiff , having the power of EQUITABLE choosing his tribunal , resorts to a Court of law of his own accord ...
Page 26
... Court is , whether the plaintiffs are entitled under the circumstances to recover the 6451. 15s . , as paid by them in excess of freight . If the opinion of the Court should be in the plaintiffs ' favour , then the verdict is to stand ...
... Court is , whether the plaintiffs are entitled under the circumstances to recover the 6451. 15s . , as paid by them in excess of freight . If the opinion of the Court should be in the plaintiffs ' favour , then the verdict is to stand ...
Page 34
... Court has power to amend the particulars make the amendment . A summons having been taken out for that purpose , the parties appeared before Channell , B. , of demand . who desired that the application might be made to the Court ...
... Court has power to amend the particulars make the amendment . A summons having been taken out for that purpose , the parties appeared before Channell , B. , of demand . who desired that the application might be made to the Court ...
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Common terms and phrases
20 Vict act of parliament action adjudication aforesaid agreement alleged amount appeared apply assigns attorney authority bill Bramwell breach canal carrier charter-party claim Clauses Commissioners common law contract County Court Court of equity Court of Exchequer covenant creditor damage debt declaration deed defendant defendant's delivered demised discharged duty Eastern Counties Railway entered entitled evidence Exch execution executors fact ground heirs Hugh Hill indenture issue judgment jury justice Lake Lothing land tax learned Judge liable London Lord Martin matter ment navigation notice opinion Oulton Broad owner paid parcel parish parties payable payment person plaintiff plea Pollock possession premises purchase purpose question Railway Company reasonable recover referred refused rent repair respect river rivers Wensum rule shareholders shares sheriff shew cause ship statute SWANSEA CANAL term testator thereof tion verdict vessel warrant WEST CORNWALL RAILWAY words writ youngest
Popular passages
Page 469 - Every past or future disposition of property, by reason whereof any person has or shall become beneficially entitled to any property or the income thereof upon the death of any person dying after the time appointed for the commencement of...
Page 66 - The learned judge directed a verdict to be entered for the defendant, reserving leave to the plaintiff to...
Page 546 - ... of the seas, men of war, fire, enemies, pirates, rovers, thieves, jettisons, letters of mart and countermart, surprisals, takings at sea, arrests, restraints, and detainments of all kings, princes, and people, of what nation, condition, or quality soever...
Page 352 - O'Brien and the several exhibits therein referred to it is ordered that Monday the 23rd day of April instant be given to His Majesty's Secretary of State for Home Affairs to show cause why a writ of Habeas Corpus should not issue directed to him to have the body of Art O'Brien immediately before this Court at the Royal Courts of Justice London to undergo and receive...
Page 156 - Court shall adjudicate upon the claim, and make such order between the parties in respect thereof and of the costs of the proceedings, as to him shall seem fit...
Page 102 - In narrow channels every steam vessel shall, when it is safe and practicable, keep to that side of the fairway or mid-channel which lies on the starboard side of such vessel.
Page 547 - Corn, fish, salt, fruit, flour, and seed are warranted free from average, unless general, or the ship be stranded — sugar, tobacco, hemp, flax, hides and skins are warranted free from average, under five pounds per cent, and all other goods, also the ship and freight, are warranted free from average, under three pounds per cent unless general, or the ship be stranded.
Page 773 - Upon these facts, the learned judge directed a verdict for the plaintiff, reserving leave to the defendant to move to enter a verdict for him.
Page 424 - Also sufficient posts, rails, hedges, ditches, mounds, or other fences for separating the land taken for the use of the railway from the adjoining lands not taken, and protecting such lands from trespass, or the cattle of the owners or occupiers thereof from straying thereout, by reason of the railway, together with all necessary gates made to open towards such adjoining lands, and not towards the railway, and all necessary stiles ; and such posts, rails, and other fences shall be made forthwith...
Page 213 - A rule having been obtained calling on the plaintiff to shew cause why the verdict should not be set aside, and a new trial had...