Reports of Cases Argued and Determined in the Courts of Exchequer & Exchequer Chamber: From Hilary Term, 6 Will. IV. to [Easter Term, 10 Vict.] Both Inclusive; with Tables of the Cases and Principal Matters. [1836-1847], 7. köideS. Sweet, 1841 |
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Page 38
... taken place under that contract ) , after the day mentioned in the act of Par- liament , for the transfer of so much stock in the first count mentioned , " for and in consideration of the sum of 45317. 58. to be therefore paid to the ...
... taken place under that contract ) , after the day mentioned in the act of Par- liament , for the transfer of so much stock in the first count mentioned , " for and in consideration of the sum of 45317. 58. to be therefore paid to the ...
Page 47
... taken time to consider ; and as we find that the very point was decided . upon the motion for a new trial , we think we are bound to adhere to that decision , whatever doubts as to the pro- priety of some part of it may exist in the ...
... taken time to consider ; and as we find that the very point was decided . upon the motion for a new trial , we think we are bound to adhere to that decision , whatever doubts as to the pro- priety of some part of it may exist in the ...
Page 50
... taken a step to prevent me from enjoying it . Suppose this had been a small tenement , of which the landlord might have got possession through the intervention of a magistrate , the tenant could not be allowed to say that the landlord ...
... taken a step to prevent me from enjoying it . Suppose this had been a small tenement , of which the landlord might have got possession through the intervention of a magistrate , the tenant could not be allowed to say that the landlord ...
Page 55
... taken on some material fact so alleged ; and that the allegations in the plea are much too general , and therefore no traverse can be safely taken , so as to bring any distinct matter of fact in issue , & c . - Joinder in demurrer . The ...
... taken on some material fact so alleged ; and that the allegations in the plea are much too general , and therefore no traverse can be safely taken , so as to bring any distinct matter of fact in issue , & c . - Joinder in demurrer . The ...
Page 59
... taken upon it , unless he proves a proposition to exonerate on the part of the plaintiff , acceded to by himself ; and this in effect will be a rescinding of the contract previously made . We think , therefore , that judgment must be ...
... taken upon it , unless he proves a proposition to exonerate on the part of the plaintiff , acceded to by himself ; and this in effect will be a rescinding of the contract previously made . We think , therefore , that judgment must be ...
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Common terms and phrases
A. G. Miller acceptor accord and satisfaction act of Parliament action affidavit aforesaid afterwards agreed agreement Alderson alleged amount appears apply appointed assignment assumpsit attorney authority averred bill of exchange bonâ fide breach commencement Company contended contract costs count Court covenant creditors damages debt declaration deed defendant defendant's delivered demurrer discharged entered entitled Erch Exch execution executors fendant Frances Macdonald heirs held indorsed issue judgment jury land learned Judge lease lessor liable Lord Abinger Lord Denman ment mentioned nonsuit notice obtained a rule opinion paid Parke party payment person Peter Hawker plaintiff pleaded Pleas possession premises proprietor proved question received recover replication respect ROLFE Rowland scire facias sell shares sheriff shew cause shewn ship Smark stat statute tenant testator thereof tiff tion transfer trial Trinity House trover verdict vessel Vict words writ
Popular passages
Page 133 - And when the estate or interest claimed shall have been an estate or interest in reversion or remainder or other future estate or interest and no person shall have obtained the possession or receipt of the profits of such land or the receipt of such rent in respect of such estate or interest then such right shall be deemed to have first accrued at the time at which such estate or interest became an estate or interest in possession.
Page 612 - ... imperfectly stated or omitted, and without which it is not to be presumed that either the Judge would direct the jury to give, or the jury would have given, the verdict, such defect, imperfection, or omission, is cured by the verdict by the common laW.
Page 324 - ... granted, bargained, sold, assigned, transferred and set over, and by these presents...
Page 381 - First. I direct that all my just debts and funeral expenses be fully paid and satisfied, as soon as conveniently may be after my decease.
Page 132 - ... when the person claiming such land or rent, or some person through whom he claims, shall, in respect of the estate or interest claimed, have been in possession or in receipt of the profits of such land, or in the receipt of such rent...
Page 377 - Majesty's Courts of Record, shall not be revocable by any Party to such Reference, without the Leave of the Court by which such Rule or Order shall be made, or which shall be mentioned in such Submission, or by Leave of a Judge...
Page 476 - But 2d, when a day is appointed for the payment of money, &c., and the day is to happen after the thing which is the consideration of the money, &c. is to be performed, no action can be maintained for the money, &c. before performance.
Page 399 - ... that the action was really brought to try a right besides the mere right to recover damages for the trespass or grievance 'or which the action shall have been brought, or that the trespass or grievance in respect of which the action was brought, was wilful and malicious.
Page 232 - ... person through whom he claims, to make an entry or distress, or to bring an action to recover such land or rent, shall be deemed to have first accrued at the determination of the first of such years or other periods, or at the last time when any rent payable in respect of such tenancy shall have been received (which shall last happen).
Page 247 - the trial of such action it shall only be necessary to prove that the " defendant, at the time of making such respective calls, was a pro" prietor of a share in the said undertaking...