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 3
... matter of law I have no difficulty in deciding that the time of payment mentioned is not a qualification of the acceptance , but simply an untrue description of the bill . CHANNELL , B. - I also think that there should be no rule . The ...
... matter of law I have no difficulty in deciding that the time of payment mentioned is not a qualification of the acceptance , but simply an untrue description of the bill . CHANNELL , B. - I also think that there should be no rule . The ...
Page 12
... matter as the erection of this steam - engine . It was evidently intended that the steam - engine should be put up though it is difficult to make out the con- tract in words . Reading the instruments as simple writings , it is clear ...
... matter as the erection of this steam - engine . It was evidently intended that the steam - engine should be put up though it is difficult to make out the con- tract in words . Reading the instruments as simple writings , it is clear ...
Page 20
... matter cannot be replied by way of equitable answer to the plea : Gulliver v . Gulliver ( a ) . Raymond , in support of the rule . - Wood v . Dwarris ( b ) is an authority that the replication ought to be allowed . It was part of the ...
... matter cannot be replied by way of equitable answer to the plea : Gulliver v . Gulliver ( a ) . Raymond , in support of the rule . - Wood v . Dwarris ( b ) is an authority that the replication ought to be allowed . It was part of the ...
Page 21
... matter had appeared in the declaration , the decla- ration would have been demurrable . The Courts will not allow a plaintiff to put himself , by an equitable replication , in a better position than he would have been in if the whole matter ...
... matter had appeared in the declaration , the decla- ration would have been demurrable . The Courts will not allow a plaintiff to put himself , by an equitable replication , in a better position than he would have been in if the whole matter ...
Page 53
... matter in the Towns Improvement Clauses Act , 1847 , is " And with respect to cleansing the streets . " Reading that with the preamble it shews that the object of these clauses was the enforcing of measures relating to the cleansing of ...
... matter in the Towns Improvement Clauses Act , 1847 , is " And with respect to cleansing the streets . " Reading that with the preamble it shews that the object of these clauses was the enforcing of measures relating to the cleansing of ...
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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...