Reports of Cases Argued and Determined in the Court of Queen's Bench: And the Court of Exchequer Chamber on Appeal from the Court of Queen's Bench [1861-1869] ...H. Sweet, 1871 |
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Page 2
... reason- able , were not necessary or compulsory for the Company to build . Demurrer . Held , 1. That under The Lands Clauses Consolidation Act , 1845 , 8 & 9 Vict . c . 18. s . 75. , which makes it imperative that the owner of land ...
... reason- able , were not necessary or compulsory for the Company to build . Demurrer . Held , 1. That under The Lands Clauses Consolidation Act , 1845 , 8 & 9 Vict . c . 18. s . 75. , which makes it imperative that the owner of land ...
Page 3
... reason of the erections and by reason of the smoke proceeding from the chimneys of the railway station and premises , and by reason of the plaintiff's messuage being overlooked by the windows of the railway station and premises , & c ...
... reason of the erections and by reason of the smoke proceeding from the chimneys of the railway station and premises , and by reason of the plaintiff's messuage being overlooked by the windows of the railway station and premises , & c ...
Page 5
... reason of events which happened there preventing performance of his covenant . The defendant , in treating with the Company , would state that he was under a covenant not to build on the paddock , and that he would have to pay ...
... reason of events which happened there preventing performance of his covenant . The defendant , in treating with the Company , would state that he was under a covenant not to build on the paddock , and that he would have to pay ...
Page 7
... reason of the thing . Here , if the assignees might of themselves assign the term , they might certainly do so under the Chancellor's order . " And Le Blanc J. , p . 360 , " The ( a ) 8 T. R. 300 . ( c ) 3 M. & S. 353 . ( b ) 6 H. L. C. ...
... reason of the thing . Here , if the assignees might of themselves assign the term , they might certainly do so under the Chancellor's order . " And Le Blanc J. , p . 360 , " The ( a ) 8 T. R. 300 . ( c ) 3 M. & S. 353 . ( b ) 6 H. L. C. ...
Page 15
... his whole interest , by reason of an act over which he had no control , and the railway Company would be liable , if the 1869 . BAILY V. DE CRESPIGNY 1869 . BAILY V. DE CRESPIGNY plaintiff's contention be correct XXXII . VICTORIA . 15.
... his whole interest , by reason of an act over which he had no control , and the railway Company would be liable , if the 1869 . BAILY V. DE CRESPIGNY 1869 . BAILY V. DE CRESPIGNY plaintiff's contention be correct XXXII . VICTORIA . 15.
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Common terms and phrases
according action admitted alleged amount appears applied appointed authority award Bank bankruptcy bill Board brought called carried cause charge cited claim clerk Cockburn C. J. commissioners committee common Company considered contract costs Court damages decision defendant delivered directed discharged duty effect election enacts entered entitled evidence Exch fact give given ground held highway Insurance intended interest issue Judge judgment justices land liable Limited London Lord loss Lush machine matter means meeting necessary notice objection occupied opinion owner paid parish parties passed payment person plaintiff plea port possession present proceedings QUEEN question Railway Railway Company reason received recover referred relating remain removed respect rule sect Sessions shew ship SMITH stat statute taken tenant tion trade underwriter Vict
Popular passages
Page 701 - December, 1833, no person shall make an entry or distress, or bring an action to recover any land or rent, but within twenty years next after the time at which the right to make such entry or distress or to bring such action shall have first accrued to some person through whom he claims...
Page 899 - Where there is any defect, imperfection, or omission in any pleading, whether in substance or form, which would have been a fatal objection upon demurrer; yet if the issue joined be such as necessarily required on the trial proof of the facts so...
Page 765 - Ship, &c., or any part thereof ; and in case of any Loss or Misfortune it shall be lawful to the Assured, their Factors, Servants, and Assigns, to sue, labour, and travel for, in, and about the Defence, Safeguard, and Recovery of the said Goods, Merchandises, and Ship, &c. , or any part thereof, without prejudice to this Insurance ; to the charges whereof we, the Assurers, will contribute each one according to the rate and quantity of his sum herein assured.
Page 245 - And in case of any loss or misfortune, it shall be lawful to the assured, their factors, servants, and assigns, to sue, labour, and travel for, in and about the defence, safeguard, and recovery of the said goods and merchandises, and ship, &c., or any part thereof, without prejudice to this insurance...
Page 38 - ... hereby empowered to take by way of recognizance or otherwise ; but if upon the return of such warrant it shall appear that no sufficient distress can be had thereupon...
Page 702 - ... in such possession or receipt then such right shall be deemed to have first accrued at the time at which the person claiming as aforesaid or the person through whom he claims became entitled to such possession or receipt by virtue of such instrument.
Page 1012 - Every law that makes an action done before the passing of the law, and which was innocent when done, criminal; and punishes such action.
Page 245 - Surprisals, Takings at Sea, Arrests, Restraints and Detainments of all Kings, Princes, and People, of what Nation, Condition, or Quality soever, Barratry of the Master and Mariners, and of all other Perils, Losses, and Misfortunes, that have or shall come to the Hurt, Detriment, or Damage of the said Goods and Merchandises and Ship, &c., or any Part thereof...
Page 1059 - Factory or workshop" means any premises on which any manual labour is exercised by way of trade, or for purposes of gain, in or incidental to the...
Page 7 - The Legislature by compelling him to part with his land to a railway company, whom he could not bind by any stipulation, as he could an assignee chosen by himself, has created a new kind of assign, such as was not in the contemplation of the parties when the contract was entered into. To hold the defendant responsible for the acts of such an assignee is to make an entirely new contract for * the parties.