The Law Magazine: Or, Quarterly Review of Jurisprudence, 7. köide;38. köideSaunders and Benning, 1847 |
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Page 2
... contracts teem , as every one knows , with nice distinctions of doubtful law , and abound more than any others in a complication of facts . The act , not satisfied with transferring to the New Courts all con- tracts within the twenty ...
... contracts teem , as every one knows , with nice distinctions of doubtful law , and abound more than any others in a complication of facts . The act , not satisfied with transferring to the New Courts all con- tracts within the twenty ...
Page 11
... contract , they are then one and the same cause of action . Mr. Moylan , the judge of the Westminster Court , has endeavoured to give a narrower construction to the act , and is reported to have held : - " That when the division of a ...
... contract , they are then one and the same cause of action . Mr. Moylan , the judge of the Westminster Court , has endeavoured to give a narrower construction to the act , and is reported to have held : - " That when the division of a ...
Page 12
... contracts . The case of lots sold at an auc- tion , for example ; Roots v . Dormer , 4 B. & Ad . 77 . Another case which also supports the rule we have ventured to suggest is that of Baldey v . Parker , 2 B. & Cr . 37. There A. went to ...
... contracts . The case of lots sold at an auc- tion , for example ; Roots v . Dormer , 4 B. & Ad . 77 . Another case which also supports the rule we have ventured to suggest is that of Baldey v . Parker , 2 B. & Cr . 37. There A. went to ...
Page 13
... contract for goods of less value than 107 .; but in the course of the dealing , it grew to a contract for a much larger amount ; and the case seems to have turned entirely on the dealing having taken place at one time , thus forming one ...
... contract for goods of less value than 107 .; but in the course of the dealing , it grew to a contract for a much larger amount ; and the case seems to have turned entirely on the dealing having taken place at one time , thus forming one ...
Page 14
... contracts had been con- solidated into one demand : then it could not have been split : now it may , because a demand is not a cause of action . But the common case is that of a tradesman , who has sent in several bills , or who has run ...
... contracts had been con- solidated into one demand : then it could not have been split : now it may , because a demand is not a cause of action . But the common case is that of a tradesman , who has sent in several bills , or who has run ...
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Common terms and phrases
9 Ir act of parliament affidavit aforesaid afterwards alleged amend amount annuity appear applied appointed assignment assumpsit attorney authority bankrupt bankruptcy bill cause of action certiorari charged chose in action commissioner common law contract conviction costs County Court court of equity covenant creditor debt declaration deed defendant demurrer enacted England entitled equity evidence execution executor FEME COVERT fiat granted ground Held husband Inns of Court interest INTERPLEADER Ireland issue judge judgment jurisdiction jury justices landlord lands lease lessee lessor liable Lord matter ment mortgage notice obtained offence paid parish parliament party payment person petition plaintiff plea pleading possession practice principle proceedings purchase Quære question received removal rent respect rule Scotland Semble sessions settlement solicitor special pleading stat statute sufficient suit summons tenant testator thereof tion trial trust Vict warrant wife writ
Popular passages
Page 161 - That no contract for the sale of any goods, wares, and merchandise, for the price of ten pounds sterling or upwards, shall be allowed to be good, except the buyer shall accept part of the goods so sold, and actually receive the same...
Page 247 - Majesty's superior Courts of Record ; and no Warrant of Commitment shall be held void by reason of any Defect therein, provided it be therein alleged that the Party has been convicted, and there be a good and valid Conviction to sustain the same.
Page 239 - Majesty, it shall be lawful for One of Her Majesty's Principal Secretaries of State, or...
Page 131 - ... that the cause of action did not accrue within six years next before the commencement of the suit, — the last writ which is served, being, for this purpose, the commencement of this suit.
Page 10 - 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 288 - Dictionary of Jurisprudence, explaining the Technical Words and Phrases employed in the several Departments of English Law ; including the various Legal Terms used in Commercial Transactions. Together with an Explanatory as well as literal Translation of the Latin Maxims contained in the Writings of the Ancient and Modern Commentators. Sixth Edition.
Page 43 - Majesty's service only excepted) coming into or going out of the said harbour, basin or docks, within the port of Kingston-upon-Hull, or unlading or putting on shore, or lading or taking on board any of their cargo, or any goods, wares, or merchandize within the said port...
Page 257 - QUEEN's Most Excellent Majesty in Council. WHEREAS by an Act, passed in the tenth year of the reign of Her Majesty, intituled " An Act for the more easy recovery of small " debts and demands in England...
Page 214 - Upon a reference made on a petition for the appointment of a new trustee in the place of...
Page 259 - Us by an Act passed in the fifth year of the reign of His late Majesty King William the Fourth, intituled "An Act for the Amendment and better Administration of the Laws relating to the Poor in England and Wales...