The Law Times, 17. köideOffice of The Law times, 1831 |
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Page 10
... ground that the magis- trate acted so illegally as to disentitle him to notice , he ought to have caused this question to be put to the jury . The question of bond fides is for the jury . The case suggested of a magistrate rescuing his ...
... ground that the magis- trate acted so illegally as to disentitle him to notice , he ought to have caused this question to be put to the jury . The question of bond fides is for the jury . The case suggested of a magistrate rescuing his ...
Page 11
... ground to infer her acquiescence in the mar- riage ; after the general finding of unsoundness the onus of proving a lucid interval at the time of the marriage lies on the party who now asserted such lucid interval . Another inference of ...
... ground to infer her acquiescence in the mar- riage ; after the general finding of unsoundness the onus of proving a lucid interval at the time of the marriage lies on the party who now asserted such lucid interval . Another inference of ...
Page 13
... grounds , as entered on the master , or other just cause of which they , or the minutes , of his excluding the town boys from the greater number of them , should agree upon and school - room and play - ground , his boarders having think ...
... grounds , as entered on the master , or other just cause of which they , or the minutes , of his excluding the town boys from the greater number of them , should agree upon and school - room and play - ground , his boarders having think ...
Page 16
... ground that the verdict in the affirma- defendants . A rule nisi for a new trial has we cannot suppose that the Legislature would permit tive was contrary to the evidence . Had the verdict been obtained upon the ground of misdirection ...
... ground that the verdict in the affirma- defendants . A rule nisi for a new trial has we cannot suppose that the Legislature would permit tive was contrary to the evidence . Had the verdict been obtained upon the ground of misdirection ...
Page 18
... ground of nonsuit , and the decision may be sustained on that ground . But it also appears that it actually proceeded on that ground . The formal protest which Lord Tenterden , as reported in Moody and Malkin , says , should be made ...
... ground of nonsuit , and the decision may be sustained on that ground . But it also appears that it actually proceeded on that ground . The formal protest which Lord Tenterden , as reported in Moody and Malkin , says , should be made ...
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Common terms and phrases
Act of Parliament action affidavit alleged amount appeared applied assignment attorney bankrupt bankruptcy Barrister-at-Law bill called certiorari charge charter-party claim clause commissioners COMMON BENCH contended contrà contract contributories costs County Court covenant creditors damages debt declaration deed defendant defendant's enter entitled ERLE evidence execution executors fact fendant granted ground held House of Lords insolvent issue JERVIS judgment jurisdiction jury justices land learned judge liable London Lord CAMPBELL Lord Cottenham mandamus Master ment Middle Temple mortgage moved nonsuit North Staffordshire Railway notice obtained opinion paid pany parish parties PATTESON payment person plaintiff plea pleaded premises proceedings QUEEN'S BENCH question Railway Company referred respect Rule absolute Rule discharged Rule nisi Rule refused Serjt shares shewed cause solicitor statute tenant testator thereof tion trial trustees verdict VICE-CHANCELLOR Vict Walter Irvine West London Railway WIGHTMAN writ
Popular passages
Page 109 - That in actions of debt, or upon the case, grounded upon any simple contract, no acknowledgment or promise by words only shall be deemed sufficient evidence of a new or continuing contract...
Page 80 - But de minimis non curat lex, and a right of action by the proprietor below would not necessarily flow from such consequences, but would depend upon the nature and extent of the complaint or injury, and the manner of using the water. All that the law requires of the party by or over whose land a stream passes, is, that he should use the water in a reasonable manner, and so as not to destroy, or render useless, or materially diminish or affect the application of the water by the proprietors above...
Page 136 - ... if upon the trial of the person so accused as first aforesaid it shall be proved by the oath or affirmation of any credible witness that any person whose deposition shall have been taken as aforesaid is dead or so ill as not to be able to travel...
Page 10 - ... the law considers such publication as malicious unless it is fairly made by a person in the discharge of some public or private duty, whether legal or moral, or in the conduct of his own affairs, in matters where his interest is concerned.
Page 79 - ... without diminution or alteration. No proprietor has a right to use the water, to the prejudice' of other proprietors, above or below him, unless he has a prior right to divert it, or a title to some exclusive enjoyment. He has no property in the water itself, but a simple usufruct while it passes along. 'Aqua currit et debet currere ut currere solebat
Page 4 - ... that case to tax his costs of suit, and in case of non-payment thereof within forty-eight hours to sign judgment for his costs of suit...
Page 7 - ... betting on the sides or hands of them that do play, or in wagering on the event of any game, sport, pastime or exercise, win from any other person to himself, or any other or others, any sum of money or valuable thing, shall be deemed guilty of obtaining such money or valuable thing from such other person by a false pretence, with intent to cheat or defraud such person of the same, and being convicted thereof shall be punished accordingly.
Page 75 - ... may not, make any dividend, gift, division, or bonus in money unto or between any of its members, and provided also that such society shall obtain the certificate of the barristerat-law or lord advocate, as herein-after mentioned.
Page 97 - The only question therefore is, whether the machines when fixed were parcel of the freehold; and this is a question of fact, depending on the circumstances of each case, and principally on two considerations; first, the mode of annexation to the soil or fabric of the house, and the extent to which it is united to them, whether it can easily be removed integre, salve, et commode, or not, without injury to itself or the fabric of the building; secondly...
Page 42 - Matter as aforesaid, shall be stayed, and the Court in which such Action shall have been brought, or any Judge thereof, on Proof of the Issue of such Summons, and that the Goods and Chattels were so taken in Execution, may...