The Law Journal for the Year 1832-1949: Comprising Reports of Cases in the Courts of Chancery, King's Bench, Common Pleas, Exchequer of Pleas, and Exchequer of Chamber, ...E. B. Ince, 1873 |
From inside the book
Results 1-5 of 70
Page 4
... reason of gross and wilful negligence and mismanage- ment of the defendants that the collision took place : -Held , that the replication was bad , for the agreement stated in the plea must be taken to include the negligence mentioned in ...
... reason of gross and wilful negligence and mismanage- ment of the defendants that the collision took place : -Held , that the replication was bad , for the agreement stated in the plea must be taken to include the negligence mentioned in ...
Page 33
... reason of 342 tons not having been taken . I apprehend also that it is pretty clear , supposing that no damage had resulted , that the plaintiffs could not have required the defendants to deliver the remaining 342 tons in the next month ...
... reason of 342 tons not having been taken . I apprehend also that it is pretty clear , supposing that no damage had resulted , that the plaintiffs could not have required the defendants to deliver the remaining 342 tons in the next month ...
Page 36
... reason , but there may have been reasons in the minds of the Legislature why the mine - owners should take some slight contingent risk upon themselves . I do not see that injustice ( 1 ) 4 Hurl & C. 263 ; s . c . 35 Law J. Rep . ( N.s. ) ...
... reason , but there may have been reasons in the minds of the Legislature why the mine - owners should take some slight contingent risk upon themselves . I do not see that injustice ( 1 ) 4 Hurl & C. 263 ; s . c . 35 Law J. Rep . ( N.s. ) ...
Page 52
... reason of the taking of such proceedings for the setting aside of such will ; and plaintiff took such steps as aforesaid and advanced certain moneys and instructed an attorney , ' and a large sum of money was thereby recovered by ...
... reason of the taking of such proceedings for the setting aside of such will ; and plaintiff took such steps as aforesaid and advanced certain moneys and instructed an attorney , ' and a large sum of money was thereby recovered by ...
Page 53
... reason why the plaintiff should stipulate for a proportionate share of what the defendant receives . ] In Sprye v . Porter ( 2 ) it was not shewn that the plaintiff had any interest in the proceedings . The old authorities shew that ...
... reason why the plaintiff should stipulate for a proportionate share of what the defendant receives . ] In Sprye v . Porter ( 2 ) it was not shewn that the plaintiff had any interest in the proceedings . The old authorities shew that ...
Common terms and phrases
Act of Parliament action aforesaid agent alleged amount appears apply authority bank bill of lading BLACKBURN breach Bute Dock cargo charter charter-party claim coal common law consignee contract County Court Court of Exchequer covenant damage debenture debt decision declaration deed defendant delivered discharged duty effect election entitled evidence Exch Exchequer Chamber fact fendant freight George Holyoake given ground held House of Lords Inclosure Act injury insured interest judgment jury land learned Judge liable Liverpool London Lord matter ment notice of abandonment officer opinion owner paid pany parish parties payment perils person plaintiff plea possession premises present question Railway Company reason recover repair replevin respect rule s. c. Law Rep ship shipowner Shropshire statute Taff Vale Taff Vale Railway tenant thereof tiff tion total loss trial trustees underwriters verdict vessel Vict vote voter voyage words
Popular passages
Page 295 - ... [B]ut when the party by his own contract creates a duty or charge upon himself, he is bound to make it good, if he may, notwithstanding any accident by inevitable necessity, because he might have provided against it by his contract.
Page 32 - Where a covenant goes only to part of the consideration on both sides, and a breach of such covenant may be paid for in damages, it is an independent covenant; and an action may be maintained for a breach of the covenant on the part of the defendant, without averring performance in the declaration.
Page 271 - ... 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 57 - In witness whereof the master of the said ship hath affirmed to \three\ bills of lading all of this tenor and date, one of which bills being accomplished the others to stand void.
Page 17 - A fugitive criminal shall not be surrendered to a foreign state unless provision is made by the law of that state, or by arrangement, that the fugitive criminal shall not, until he has been restored or had an opportunity of returning to Her Majesty's dominions, be detained or tried in that foreign state for any nffenee committed prior to his surrender other than the extradition crime proved by the facts on which the surrender is grounded...
Page 220 - England, justify the committal for trial of the prisoner if the crime of which he is accused had been committed in England, the police magistrate shall commit him to prison, but otherwise shall order him to be discharged.
Page 224 - Every returning officer, presiding officer, and clerk who is guilty of any wilful misfeasance or any wilful act or omission in contravention of this Act shall, in addition to any other penalty or liability...
Page 75 - February the motion was denied, and an application was then made to this court for a rule to show cause why a writ of prohibition should not issue to the...
Page 169 - personal chattels" shall mean goods, furniture, fixtures, and other articles capable of complete transfer by delivery, and shall not include chattel interests in real estate, nor shares or interests in the...
Page 242 - London, (the act of God, the queen's enemies, fire, and all and every other dangers and accidents of the seas, rivers, and navigation, of whatever nature and kind soever, excepted,) unto order or to assigns, he or they paying freight for the said goods at 51.