The Exchequer Reports: Reports of Cases Argued and Determined in the Courts of Exchequer & Exchequer Chamber ... Trinity Term, 10 Vict., to [Hilary Vacation, 19 Vict.] ... Both Inclusive. [1847-1856], 6. köideT. & J. W. Johnson, 1849 |
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Page 21
... ground ; and it is to be observed that the plea is not demurred to specially on the ground of duplicity . A similar objection to the last is made to the eighth plea . The lease is averred to have been part of the ma- chinery for ...
... ground ; and it is to be observed that the plea is not demurred to specially on the ground of duplicity . A similar objection to the last is made to the eighth plea . The lease is averred to have been part of the ma- chinery for ...
Page 62
... ground for excepting the reversion , must be considered as overruled by Lord Eldon in Church v . Mun- day ( b ) , and by the case of Mostyn v . Champneys ( c ) . We therefore shall answer the questions of the Vice- Chancellor as follows ...
... ground for excepting the reversion , must be considered as overruled by Lord Eldon in Church v . Mun- day ( b ) , and by the case of Mostyn v . Champneys ( c ) . We therefore shall answer the questions of the Vice- Chancellor as follows ...
Page 69
... ground of misdirection ; against which— Welsby and Atherton shewed cause in last Michaelmas Vacation ( Dec. 3 ) . There was evidence of a conversion . The plaintiff was clearly entitled to the bills ; and the de- fendant obtained them ...
... ground of misdirection ; against which— Welsby and Atherton shewed cause in last Michaelmas Vacation ( Dec. 3 ) . There was evidence of a conversion . The plaintiff was clearly entitled to the bills ; and the de- fendant obtained them ...
Page 71
... ground for the creditor's endeavouring to get possession of them ; and the defendant only expressed his opinion of the consequences which would result from the plaintiff's refus- ing to deliver them up . The plaintiff was capable of ...
... ground for the creditor's endeavouring to get possession of them ; and the defendant only expressed his opinion of the consequences which would result from the plaintiff's refus- ing to deliver them up . The plaintiff was capable of ...
Page 72
... ground ; that is , supposing that if the goods were obtained by fraud , an action of trespass would lie for taking ... ground that it was an illegal duress , -whether it was so or not is another question ; -but they proceeded on the ...
... ground ; that is , supposing that if the goods were obtained by fraud , an action of trespass would lie for taking ... ground that it was an illegal duress , -whether it was so or not is another question ; -but they proceeded on the ...
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Common terms and phrases
13 Vict Act of Parliament action aforesaid Alderson alleged amount apply appoint assigned assumpsit authority award bankrupt bankruptcy benefit bill of lading charge chattels clause contended contract costs county court Court of Exchequer covenant creditors damage debts declaration mentioned deed defendant delivered demurrer directed discharged Dodsley duty EASTERN COUNTIES RAILWAY effect enacts entitled evidence Exch execution executors fendant heirs hereditaments indenture indorsed issue John Prior John Westerman judgment jury Lady Saye land learned Judge lease legacies liable Lord Eardley madder matter meaning Menlove ment Metcalfe Mortimer notice obtained opinion paid Parke parties payable payment personal estate plaintiff Platt plea pleaded Pollock premises proceedings purpose question recover rent replevin respect rule Saye and Sele security for costs shewed cause Sir John Osborn statute statute of Anne testator thereof tiff tion tithes trespass trial trustees verdict Viner WALTHEW words writ
Popular passages
Page 131 - no action shall be brought whereby to charge any executor or administrator upon any special promise to answer damages out of his own estate ; or whereby to charge the defendant upon any special promise to answer for the debt, default, or miscarriage of another person...
Page 632 - ... right thereto shall be deemed absolute and indefeasible, unless it shall appear that the same was enjoyed by some consent or agreement expressly given or made for that purpose by deed or writing.
Page 440 - PRINTER to learn his Art and with him after the Manner of an Apprentice to serve...
Page 769 - ... the increased rates of charge required to be paid over and above the ordinary rate of carriage as a compensation for the greater risk and care to be taken for the safe conveyance of such valuable articles; and all persons sending...
Page 472 - Deed, instrument, or writing, whereby any lands, tenements, or other realty sold shall be granted, assigned, transferred, or otherwise conveyed to, or vested in, the purchaser or purchasers, or any other person or persons, by his, her, or their direction...
Page 302 - It has been long established that, when an Act of Parliament is repealed, it must be considered (except as to transactions past and closed) as if it had never existed.
Page 841 - ... leave being reserved to the plaintiff to move to enter a verdict for him...
Page 132 - In every species of assumpsit, all matters in confession and avoidance, including not only those by way of discharge, but those which show the transaction to be either void or voidable in point of law, on the ground of fraud or otherwise, shall be specially pleaded.
Page 515 - The question for the opinion of the court was whether the plaintiff was entitled to recover. If...
Page 191 - 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...