Reports of Cases Heard and Decided in the House of Lords on Appeals and Writs of Error: During the Sessions 1831[-1846], Том 11J. & W. T. Clarke, 1845 |
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Стр. 13
... agreement of the parties . In such a case the cause of action is a contract and nothing else , and the action must ... agrees with what is stated in Buller's Nisi Prius ( d ) , where it is said that if the law lays a duty on a man , case ...
... agreement of the parties . In such a case the cause of action is a contract and nothing else , and the action must ... agrees with what is stated in Buller's Nisi Prius ( d ) , where it is said that if the law lays a duty on a man , case ...
Стр. 27
... agreement was set forth without a promise . In Nurse v . Wills ( q ) a promise was stated , but not a promise to the plaintiff ; and in both the omission was aided after verdict . There are many cases in which a count may be good after ...
... agreement was set forth without a promise . In Nurse v . Wills ( q ) a promise was stated , but not a promise to the plaintiff ; and in both the omission was aided after verdict . There are many cases in which a count may be good after ...
Стр. 38
... , which has been cited at the bar , there was no doubt that an agree- ment existed , but it was said there was no promise at ( i ) 2 New Rep . 62 . all alleged ; not only no promise to the plaintiff 38 CASES IN THE HOUSE OF LORDS .
... , which has been cited at the bar , there was no doubt that an agree- ment existed , but it was said there was no promise at ( i ) 2 New Rep . 62 . all alleged ; not only no promise to the plaintiff 38 CASES IN THE HOUSE OF LORDS .
Стр. 39
... agreement between the parties , but the promise was not stated to be to the plaintiff ; nevertheless their Lordships held it was sufficient , after verdict , to sup- port the action . Then there is the case of Hall v . Marshall ( 1 ) ...
... agreement between the parties , but the promise was not stated to be to the plaintiff ; nevertheless their Lordships held it was sufficient , after verdict , to sup- port the action . Then there is the case of Hall v . Marshall ( 1 ) ...
Стр. 43
... agreement . Now no case has been cited to show that the judgment should be arrested on such a ground . The only case applying at all was that case of Hayter v . Moat , which , until I heard the explanation of it , did appear to me to ...
... agreement . Now no case has been cited to show that the judgment should be arrested on such a ground . The only case applying at all was that case of Hayter v . Moat , which , until I heard the explanation of it , did appear to me to ...
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action affirmed alleged ancient pasture annuities appears Appellants apply appointment argument assumpsit authority bad counts Baron bill Brougham charged common law contract costs Court of Equity Court of Error Court of Exchequer Court of Queen's criminal decision declaration decree defendants doubt duty entitled evidence Exchequer Chamber fact favorem vitæ felony finding given guilty indictment Ireland issue John Trevelyan jurisdiction jurors jury lands Langham learned friend learned Judges legacies Lord Chancellor Lord Chief Justice Lord Cottenham Lord Denman Lordships marriage ment misprision of treason modus noble and learned O'CONNELL objection opinion parties payment peremptory challenge Plaintiff in Error pleaded port punishment QUEEN Queen's Bench question railway reason record respect reversed Rome rule sentence sheriff Sir John Trevelyan statute Stockton sufficient supposed SUSSEX Peerage T. A. Knight testator thereof Thomas Charter tion tithes trial trust valid verdict words writ of error
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Стр. 87 - N., to my wedded wife, to have and to hold from this day forward, for better, for worse, for richer, for poorer, in sickness and in health, to love and to cherish, till death us do part, according to God's holy ordinance; and thereto I plight thee my troth.
Стр. 427 - ... shall, by drawing a trigger, or in any other manner, attempt to discharge any kind of loaded arms at any person, or shall unlawfully and maliciously stab, cut.
Стр. 486 - That no person convicted of felony shall suffer death, unless it be for some felony which was excluded from the benefit of clergy before or on the first day of the present session of parliament, or which hath been or shall be made punishable with death by some statute passed after that day.
Стр. 768 - To say : [insert description of merchandise] being marked and numbered as in the margin, and are to be delivered in the like good order and condition, at the aforesaid port of , (the dangers of the seas only excepted,) unto or assigns, he or they paying freight for the said goods , with primage and average accustomed.
Стр. 670 - Isabella or any future wife, successively in tail male, with remainder to the use of the first and...
Стр. 86 - the only rule for the construction of Acts of Parliament is, that they should be construed according to the intent of the Parliament which passed the Act. If the words of the statute are in themselves precise and unambiguous, then no more can be necessary than to expound those words in their natural and ordinary sense. The words themselves alone do, in such case, best declare the intention of the lawgiver.
Стр. 57 - A ship trading from one port to another has not the means of carrying the goods on land ; and, according to the established course of trade, a delivery on the usual wharf is such a delivery as will discharge the carrier.
Стр. 403 - indictment for conspiracy ought to show, either that it was for an unlawful " purpose, or to effect a lawful purpose by unlawful means: that it is not done
Стр. 615 - ... is hereby empowered, in a summary way of proceeding, or otherwise, as to the said court shall seem meet...
Стр. 549 - I will lay down the rule as broad as this : wherever any person gives property, and points out the object, the property, and the way in which it shall go, that does create a trust, unless he shows clearly that his desire expressed is to be controlled by the party, and that he shall have an option to defeat it.