Irish Chancery Reports: Being a Series of Reports of Cases Argued and Determined in the High Court of Chancery and the Rolls Court, in Ireland...1850[-1866]...Hodges, 1865 |
From inside the book
Results 1-5 of 100
Page 15
... jury to give him separate answers to those questions ; and reserved for the Court above the question whether he had left the case to them correctly . He also told the jury that the plaintiff was entitled to the result in such view as ...
... jury to give him separate answers to those questions ; and reserved for the Court above the question whether he had left the case to them correctly . He also told the jury that the plaintiff was entitled to the result in such view as ...
Page 17
... jury meant to include in that sum every injury , whether direct or merely incidental and collateral , that could have accrued to the land , considered as build- ing ground . No doubt , it is a maxim of law , " Omnia præsumuntur contra ...
... jury meant to include in that sum every injury , whether direct or merely incidental and collateral , that could have accrued to the land , considered as build- ing ground . No doubt , it is a maxim of law , " Omnia præsumuntur contra ...
Page 18
... jury subtract the former from the latter sum ; and give him , either £ 500 for both injuries , or £ 480 for one of them and £ 20 for the other , if they awarded damages on separate counts ? ] - But in the present case the defendant ...
... jury subtract the former from the latter sum ; and give him , either £ 500 for both injuries , or £ 480 for one of them and £ 20 for the other , if they awarded damages on separate counts ? ] - But in the present case the defendant ...
Page 21
... jury wrongly . They should have been directed to include the present value of the clay in the finding on the first count . ] - The request for a new trial should come from the defendant . The plaintiff gave no evidence as to the rever ...
... jury wrongly . They should have been directed to include the present value of the clay in the finding on the first count . ] - The request for a new trial should come from the defendant . The plaintiff gave no evidence as to the rever ...
Page 23
... jury in three aspects - first ; that the plaintiff was entitled to damages , because the defendant , being his tenant , had wrongfully excavated and removed the clay , which was a description of brick - clay ; and the plaintiff alleged ...
... jury in three aspects - first ; that the plaintiff was entitled to damages , because the defendant , being his tenant , had wrongfully excavated and removed the clay , which was a description of brick - clay ; and the plaintiff alleged ...
Common terms and phrases
action admissible alleged answer apothecary appears applied argument assigns bill bill of lading Cham Chief Justice Civil-bill claim clay Common Law Common Pleas conditional order confession constable contended contract Counsel count Court Crim Daniel Cronin death decision deed defendant defendant's demised detinue devise Dublin ejectment entitled evidence Exch Exchequer executed fact fee-farm grant FITZGERALD Flesk Castle given Griffith ground heirs held horses injury insolvent John Coltsman John Greene JOHNSTON Judges judgment jury landlord lands Law Rep lease Leonard Fuller liability Limerick LORD CHIEF Magistrate mountain Murphy negligence North Staffordshire Railway O'BRIEN occupied opinion party person plaintiff pleaded possession premises prisoner prosecutor Queen's Bench question Railway Company rated reasonable recover referred Regina relied rent respect respondent Scart share statement Statute of Frauds Statute of Limitations summons and plaint TEMPLEMORE tenant in common testator tion trial verdict Waterford words writ
Popular passages
Page 210 - Every consignee of goods named in a bill of lading, and every endorsee of a bill of lading, to whom the property in the goods therein mentioned shall pass upon or by reason of such consignment or endorsement...
Page 469 - An express promise, therefore, as it should seem, can only revive a precedent good consideration which might have been enforced at law through the medium of an implied promise had it not been suspended by some positive rule of law, but can give no original right of action if the obligation on which it is founded never could have been enforced at law, though not barred by any legal maxim or statute provision.
Page 199 - The second section enacts, that, after the day therein mentioned, "no person shall make an entry or distress, or bring an action, to recover any land or rent...
Page 227 - That, where the evidence Is equally consistent with either view,— with the existence or nonexistence of negligence, — it is not competent to the Judge to leave the matter to the Jury. The party who affirms negligence has altogether failed to establish It. This is a rule which ought never to be lost sight of.
Page 201 - ... or of such rent, for his or their own benefit, or for the benefit of any person or persons other than the person or persons entitled to the other...
Page 214 - ... shall have transferred to and vested in him all rights of suit, and be subject to the same liabilities in respect of such goods as if the contract contained in the bill of lading had been made with himself.
Page 463 - P. 249] , and the conclusion there arrived at seems to be correct in general, "that an express promise can only revive a precedent good consideration, which might have been enforced at law through the medium of an implied promise, had it not been suspended by some positive rule of law; but can give no original cause of action, if the obligation, on which it is founded, never could have been enforced at law, though not barred by any legal maxim or statute provision.
Page 165 - ... to begin and be made on such of the said days, as shall first happen after the decease of the said Adam, Ash, Provided always, and it is hereby agreed and citwe of $urdeclared .between and by the said parties here- VIV°'4 lp...
Page xiv - Borough during that Year and the whole of each of the Two preceding Years, and also during the Time of such Occupation shall have been an Inhabitant Householder within the said Borough, or within Seven Miles of the said Borough, shall, if duly enrolled in that Year...
Page 200 - 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; or if such right shall not have accrued to any person through whom he claims, then within...