The Weekly Reporter, 34. köideWildy & Sons., 1886 |
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Results 1-5 of 73
Page 17
... plaintiff , and that the accident was due to the negligence of the defendants or their servants . The learned judge left either party to move for judgment . Sills , and Toller , for the plaintiff . — There was a duty on the part of the ...
... plaintiff , and that the accident was due to the negligence of the defendants or their servants . The learned judge left either party to move for judgment . Sills , and Toller , for the plaintiff . — There was a duty on the part of the ...
Page 24
... plaintiff might be ordered to give trustee in bankruptcy is himself insolvent , does that COWELL V. TAYLOR . IN RE FAWSITT . - IN. COURT OF APPEAL . was taken , including the costs of suit . The Judicature Act enabled a mortgagee to ...
... plaintiff might be ordered to give trustee in bankruptcy is himself insolvent , does that COWELL V. TAYLOR . IN RE FAWSITT . - IN. COURT OF APPEAL . was taken , including the costs of suit . The Judicature Act enabled a mortgagee to ...
Page 25
... plaintiff for a third person , the court will require security to be given . There are two classes of cases in which a plaintiff sues in this way - viz . , ( 1 ) where he has divested himself of his interest in the subject of the suit ...
... plaintiff for a third person , the court will require security to be given . There are two classes of cases in which a plaintiff sues in this way - viz . , ( 1 ) where he has divested himself of his interest in the subject of the suit ...
Page 30
... plaintiff . This was an action for a declaration that the plaintiff was entitled to the sum of £ 4,000 , and share in the residuary estate , on the ground that under the will it was not necessary that the only child of the marriage ...
... plaintiff . This was an action for a declaration that the plaintiff was entitled to the sum of £ 4,000 , and share in the residuary estate , on the ground that under the will it was not necessary that the only child of the marriage ...
Page 57
... plaintiff . The plaintiff , adopting that judgment as correct , again amended his claim by striking out all allegations that the testator was Swiss , relying only on his alternative claim under French law . The pleadings were closed in ...
... plaintiff . The plaintiff , adopting that judgment as correct , again amended his claim by striking out all allegations that the testator was Swiss , relying only on his alternative claim under French law . The pleadings were closed in ...
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Common terms and phrases
Act of Parliament action alleged allowed amount apply Archibald Baxter authority barrister Barrister-at Barrister-at-Law bill of sale cargo CH.D Chan charge charter-party chattels circumstances claim Clauses contract costs COURT OF APPEAL court of equity covenant creditors damages debt debtor decided decision declaration deed defendant dismissed entitled equity evidence executors fact favour give Hans Gude held HIGH COURT husband intended interest judge judgment jurisdiction jury justices L. J. Ch land larceny lease liable Lord Lord ESHER marriage matter ment mortgage notice opinion owner paid parish parties payment personal estate plaintiff possession premises prisoner purchase purpose Q. B. Div Queen's Bench Division question Railway received referred Reported respect respondent rule security for costs settlement shares Solicitors statute sub-section summons tenant testator's tion trade-mark trustees Vict wife words
Popular passages
Page 240 - On the other hand, the promisee may, if he thinks proper, treat the repudiation of the other party as a wrongful putting an end to the contract, and may at once bring his action as on a breach of it; and in such action he will be entitled to such damages as would have arisen from the non-performance of the contract at the appointed time, subject, however, to abatement in respect of any circumstances which may have afforded him the means of mitigating his loss.
Page 318 - The rule of conduct of the court in such a case is that, however negligent or careless may have been the first omission, and however late the proposed (; amendment, the amendment should be allowed, if it can be made without injustice to the other side. There is no injustice if the other side can be compensated by costs...
Page 239 - The promisee, if he pleases, may treat the notice of intention as inoperative, and await the time when the contract is to be executed, and then hold the other party responsible for all the consequences of non-performance: but in that case he keeps the contract alive for the benefit of the other party as well as his own...
Page 26 - Lancaster, or in the Court of Pleas at Durham, and all suits which have hitherto been commenced by bill or information in the High Court of Chancery, or by a cause in rem or in personam in the High Court of Admiralty, or by citation or otherwise in the Court of Probate, shall be instituted in the High Court of Justice by a proceeding to be called an action.
Page 208 - Corn, fish, salt, fruit, flour, and seed are warranted free from average, unless general, or the ship be stranded — sugar, tobacco, hemp, flax, hides and skins are warranted free from average, under five pounds per cent., and all other goods, also the ship and freight, are warranted free from average, under three pounds per cent, unless general, or the ship be stranded.
Page 234 - The court to which the case is transmitted shall hear and determine the question or questions of law arising thereon, and shall thereupon reverse, affirm, or amend the determination in respect of which the case has been stated...
Page 257 - On the receipt of any information respecting the existence of a nuisance the local authority shall, if satisfied of the existence of a nuisance, serve a notice on the person by whose act default or sufferance the nuisance arises or continues, or, if such person cannot be found, on the owner or occupier of the premises on which the nuisance arises...
Page 38 - It is hereby agreed and declared between and by the parties to these presents...
Page 247 - And as to all the rest residue and remainder of my personal Estate and Effects whatsoever and wheresoever and of what nature or kind soever...
Page 19 - By the general law applicable to running streams, every riparian proprietor has a right to what may be called the ordinary use of the water flowing past his land, for instance, to the reasonable use of the water for his domestic purposes and for his cattle, and this without regard to the effect which such use may have, in case of a deficiency, upon proprietors lower down the stream.