Reports of Cases Argued and Determined in the English Courts of Common Law, [1845-1856]: Heretofore Condensed by Thomas Sergeant and Thomas M'Kean Pettit, Now Reprinted in Full, 2. köide
T. & J.W. Johnson, 1847
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according action aforesaid agreement alleged allowed amount appears appellant apply attorney authority bill brought called cause charge claim clearly common consideration contract costs court CRESSWELL debt decision deed defendant delivered described directed discharge duly effect election entered entitled ERLE evidence execution fact further give given ground held intended interest issue John judge judgment jury land letter Lord material matter MAULE meaning mentioned necessary notice objection obtained opinion overseers paid parish party payment person place of abode plaintiff plea pleaded possession practice present promise proved qualification question reason received referred render rent resp respect revising barrister rule Serjt signed statute sufficient suit taken term thereof thing TINDAL tion trial unless verdict Vict vote voters whole writ
Page 805 - ... or upon any contract or sale of lands, tenements, or hereditaments, or any interest in or concerning them; or upon any agreement that is not to be performed within the space of one year from the making thereof; unless the agreement upon which such action shall be brought, or some memorandum or note thereof shall be in writing, and signed by the party to be charged therewith, or some other person thereunto by him lawfully authorized.
Page 583 - Malice, in common acceptation, means ill-will against a person; but, in its legal sense, it means a wrongful act, done intentionally, without just cause or excuse.
Page 207 - ... the rent at which the same might reasonably be expected to let from year to year, free of all usual tenants' rates and taxes, and tithe commutation rent-charge, if any, and deducting therefrom the probable average annual cost of the repairs, insurance and other expenses, if any, necessary to maintain them in a state to command such rent...
Page 405 - Commissioners are hereby required to ascertain the Value thereof, and to admit such Person to prove the Amount so ascertained, and to receive Dividends thereon...
Page 415 - ... the subject-matter, as by the known usage of trade or the like, acquired a peculiar sense distinct from the popular sense of the same words; or unless the context evidently points out that they must, in the particular instance and in order to effectuate the immediate intention of the parties to that contract, be understood in some other special and peculiar sense.
Page 757 - ... (that is to say,) the period during which two persons in succession shall have held the office or benefice in respect whereof such land or rent shall be claimed, and six years after a third person shall have been appointed thereto, if the times of such two incumbencies and...
Page 71 - In all cases in which any particular number of days, not expressed to be clear days, is prescribed by the rules or practice of the courts, the same shall be reckoned exclusively of the first day, and inclusively of the last day, unless the last day shall happen to fall on a Sunday, Christmas Day, Good Friday, or a day appointed for a public fast or thanksgiving ; in which case the time shall be reckoned exclusively of that day also.