An Analytical Digest of the Cases Published in the New Series of the Law Journal Reports and Other Reports: Of Decisions in the Courts of Common Law and Equity, in the Ecclesiastical and Admiralty Courts, by the House of Lords, the Privy Council, and Election Committees of the House of Commons, at Nisi Prius, and in Bankruptcy, from Michaelmas Term 1845 to Trinity Term 1850, InclusiveE.B.Ince, 1852 - 774 pages |
From inside the book
Results 1-5 of 100
Page 5
... issue was joined . The Judge , at the trial , having ruled that the plea could not be proved , except by an agreement in writing , -Held , that although an agreement to convey an equity of redemp- tion must be in writing , this plea ...
... issue was joined . The Judge , at the trial , having ruled that the plea could not be proved , except by an agreement in writing , -Held , that although an agreement to convey an equity of redemp- tion must be in writing , this plea ...
Page 22
... issues framed under section 45 of the Tithe Commutation Act ( 6 & 7 Will . 4. c . 77. ) the Judge at Nisi Prius has no power to amend the issue agreed upon by the parties , or settled between them by a Judge at chambers . In such cases ...
... issues framed under section 45 of the Tithe Commutation Act ( 6 & 7 Will . 4. c . 77. ) the Judge at Nisi Prius has no power to amend the issue agreed upon by the parties , or settled between them by a Judge at chambers . In such cases ...
Page 30
... issues were joined . The cause having been referred at Nisi Prius , the costs of the cause to abide the event of the award , the arbitrator found on the first , third , and last issues for plaintiff , and on the second issue for ...
... issues were joined . The cause having been referred at Nisi Prius , the costs of the cause to abide the event of the award , the arbitrator found on the first , third , and last issues for plaintiff , and on the second issue for ...
Page 35
... issue , for his client . Plaintiff's counsel contended , that it was sufficient for that purpose ; and the arbitrator expressed the same opinion , and said that he had power to direct a verdict for defendant on that issue ; and the ...
... issue , for his client . Plaintiff's counsel contended , that it was sufficient for that purpose ; and the arbitrator expressed the same opinion , and said that he had power to direct a verdict for defendant on that issue ; and the ...
Page 42
... issue being joined in it , in consider- ation that the plaintiff would forbear all proceedings in that action , until the 14th of December , except the taxation of costs , and the obtaining of a Judge's order to sign judgment therein ...
... issue being joined in it , in consider- ation that the plaintiff would forbear all proceedings in that action , until the 14th of December , except the taxation of costs , and the obtaining of a Judge's order to sign judgment therein ...
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Common terms and phrases
11 Beav act of parliament action affidavit afterwards agreement alleged amended amount annuity applied appointed arbitrator assigned assumpsit attorney award bankrupt bankruptcy bill of exchange bond breach cause certiorari Chanc charged claim contract costs county court covenant creditors dant death debt decease declaration deed defendant's demurrer devised directed discharge Dowl entitled evidence Exch execution executors fiat filed gave granted Hall & Tw heirs Held husband indictment indorsed injunction interest Interpleader issue Judge judgment Junction Rail jurisdiction jury land lease legacy liable ment mortgage Nisi Prius notice paid party payable payment personal estate petition plaintiff plea possession premises proceedings promissory note purchase Q.B. Rep Quare-Whether Rail railway company recover refused Regina rent rule security for costs shareholder shares shew solicitor Stat statute Statute of Limitations sufficient suit tenant term testator's thereof tion trial trustees verdict wife writ
Popular passages
Page 262 - And you are also clearly to understand that you have nothing to hope from any promise of favour, and nothing to fear from any threat which may have been...
Page 310 - That it shall not be lawful for any Plaintiff to divide any Cause of Action for the Purpose of bringing Two or more Suits...
Page 228 - I give and bequeath to my dearly beloved wife Sarah Barry for and during the term of her natural life...
Page 391 - A testator gave and bequeathed all his real and personal estate to his trustees, upon trust, to sell and...
Page 131 - On the trial or hearing of such action or suit it shall be sufficient to prove that the defendant at the time of making such call was a holder of one share or more in the undertaking, and that such call was in fact made, and such notice thereof given as is directed by...
Page 251 - ... if whatever a man's real intention may be he so conducts himself that a reasonable man would take the representation to be true, and believe that it was meant that he should act upon it, and did act upon it as true, the party making the representation would be equally precluded from contesting its truth...
Page 67 - The real selling value of the estate was, at the date of the will and at the time of the testator's death...
Page 236 - S. his wife to be begotten, severally, successively, and in remainder one after another, as they and every of them shall be in priority of birth and seniority of age, and of the several and respective heirs...
Page 238 - ... to his eldest son in tail, with remainders over, under which the plaintiff became tenant in tail. The testator devised another estate to trustees, upon trust to sell, and out of the proceeds to pay his mortgage and other debts, and gave the residue to his eldest son, whom he appointed executor and residuary legatee. The trustees did not act, but the son entered into possession of all the testator's estates and property.
Page 368 - The result of these authorities is, that the rule of law on this subject seems to be, that if a man find goods that have been actually lost, or are reasonably supposed by him to have been lost, and appropriates them, with intent to take the entire dominion over them, really believing when he takes them, that the owner cannot be found, it is not larceny. But if he takes them with the like intent, though lost, or reasonably supposed to be lost, but reasonably believing that the owner can be found,...