English Reports in Law and Equity: Containing Reports of Cases in the House of Lords, Privy Council, Courts of Equity and Common Law; and in the Admiralty and Ecclesiastical Courts; Including Also Cases in Bankruptcy and Crown Cases ReservedEdmund Hatch Bennett, Chauncey Smith C. C. Little and J. Brown, 1851 |
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Page 3
... taken with the two preceding orders , that the opinion of the solicitor for the plaintiff as to the materiality of the proposed amendments is to be stated in the affidavit ; but it would have been absurd to require the facts showing the ...
... taken with the two preceding orders , that the opinion of the solicitor for the plaintiff as to the materiality of the proposed amendments is to be stated in the affidavit ; but it would have been absurd to require the facts showing the ...
Page 10
... taken of the hereditaments therein comprised , and for a declaration that the same were purchased out of the funds of the parish of Lambeth for the general purposes of the parish , for the benefit of the poor inhabitants thereof , and ...
... taken of the hereditaments therein comprised , and for a declaration that the same were purchased out of the funds of the parish of Lambeth for the general purposes of the parish , for the benefit of the poor inhabitants thereof , and ...
Page 22
... taken , or proposed to be taken , by him . Nor do I consider as material what has been urged by the defendant , whether with or without accuracy , in point of fact , as to the aspect or position of the windows of the plaintiffs ' house ...
... taken , or proposed to be taken , by him . Nor do I consider as material what has been urged by the defendant , whether with or without accuracy , in point of fact , as to the aspect or position of the windows of the plaintiffs ' house ...
Page 26
... taken . The representative of Smith , by his answer , objected to the suit on the ground of misjoinder , inasmuch as Griffith represented conflicting interests- one of cestui que trust , and the other of representative of the trustee ...
... taken . The representative of Smith , by his answer , objected to the suit on the ground of misjoinder , inasmuch as Griffith represented conflicting interests- one of cestui que trust , and the other of representative of the trustee ...
Page 27
... taken as against the estate of Vanheythuysan , the interest of Griffith , as representing that estate , would be at variance with his interest and that of his co - plaintiffs as cestuis que trust . It would be impossible , in such a ...
... taken as against the estate of Vanheythuysan , the interest of Griffith , as representing that estate , would be at variance with his interest and that of his co - plaintiffs as cestuis que trust . It would be impossible , in such a ...
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Common terms and phrases
13 Vict act of Parliament action aerometers affidavit aforesaid agreement ALDERSON alleged amount annuity appears apply appointed assigned assumpsit attorney authority award bank bankruptcy Besly bill bottomry called church-wardens claim clause contract contributories costs county court covenant creditors damage debt declaration deed defendant demurrer directed discharged Eastern Counties Railway entered entitled evidence Exch execution executors give ground held Hilary Term indenture indictment issue judge judgment jurisdiction jury justices land liable Lord Campbell Lord Cottenham LORD CRANWORTH master ment mentioned North Staffordshire Railway notice opinion owner Oxford Junction paid parish parties payment persons petition plaintiff plea pleaded Priest Hutton proceedings provisions purchase purpose question Railway Company reference Regina reply respect rule sect shareholder shares sheriff showed cause Sir John Osborne stat statute suit testator thereof tion trial trustees verdict warrant William words
Popular passages
Page 633 - ... a question of fact for the jury, and not of law for the court.
Page 515 - 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 83 - That all gifts, grants, conveyances, appointments, assurances, transfers and settlements whatsoever, of any lands, tenements, or other hereditaments, or of any estate or interest therein...
Page 519 - action commenced after the passing of this Act in any of Her ' Majesty's Superior Courts of Record in trespass, trover, or case ' not being an action for malicious prosecution or for libel or for ' slander or for criminal conversation or for seduction, the plaintiff ' shall recover a sum not exceeding £ 5, the plaintiff shall have ' judgment to recover such sum only and NO COSTS...
Page 518 - 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, whereby to take any Case out of the Operation of the said Enactments...
Page 418 - Years from thence next following to be fully complete and ended DURING which Term the said Apprentice his Master faithfully shall serve his secrets keep his lawful commands everywhere gladly do...
Page 477 - Streams of water are intended for the use and comfort of man ; and it would be unreasonable, and contrary to the universal sense of mankind, to debar every riparian proprietor from the application of the water to domestic, agricultural, and manufacturing purposes...
Page 476 - ... 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.
Page 337 - Act contained as may be applicable to such case, or to the like effect ; and in all cases where by any Act of Parliament authority is given to commit a person to prison, or to levy any sum upon his goods or chattels by distress, for not obeying any order of a justice or justices, the defendant shall be served with a copy of the minute of such order before any warrant of commitment or of distress shall issue in that behalf, and such order or minute shall not form any part of such warrant of commitment...
Page 134 - And be it further enacted, that every will shall be construed, with reference to the real estate and personal estate comprised in it, to speak and take effect as if it had been executed immediately before the death of the testator, unless a contrary intention shall appear by the will.