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. 9
... parties . It is no authority for such a proposition here . The obligation there was one which arose at common law . The question as to the form of action was not material there . The only question was whether the action would lie for ...
... parties . It is no authority for such a proposition here . The obligation there was one which arose at common law . The question as to the form of action was not material there . The only question was whether the action would lie for ...
Стр. 11
... parties , but in which , nevertheless , the remedy for the breach or non - performance is indif- ( p ) 5 Moo . & P. 284 ; 7 Bing . 413 . ( 9 ) 3 Queen's B. 526 . ( r ) 1 Bayly Moore , 100 . ( s ) 3 Queen's B. 525 . 1844 . BROWN v ...
... parties , but in which , nevertheless , the remedy for the breach or non - performance is indif- ( p ) 5 Moo . & P. 284 ; 7 Bing . 413 . ( 9 ) 3 Queen's B. 526 . ( r ) 1 Bayly Moore , 100 . ( s ) 3 Queen's B. 525 . 1844 . BROWN v ...
Стр. 13
... parties . In such a case the cause of action is a contract and nothing else , and the action must be in the form of contract and none other . In all the cases where tort has been held to be maintainable , the action was brought in ...
... parties . In such a case the cause of action is a contract and nothing else , and the action must be in the form of contract and none other . In all the cases where tort has been held to be maintainable , the action was brought in ...
Стр. 14
... parties , so as to show a breach of that contract .- [ Lord Campbell : — Suppose that the contract had been in writing , and the writing was in the terms stated here , would not that be sufficient ? ] - No contract is here stated on the ...
... parties , so as to show a breach of that contract .- [ Lord Campbell : — Suppose that the contract had been in writing , and the writing was in the terms stated here , would not that be sufficient ? ] - No contract is here stated on the ...
Стр. 18
... parties : and the liability of the defendant existing under these circumstances , was enforced there in an action on the case . That form of action was held maintainable , though the Court held that the agent here had a general duty to ...
... parties : and the liability of the defendant existing under these circumstances , was enforced there in an action on the case . That form of action was held maintainable , though the Court held that the agent here had a general duty to ...
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Часто встречающиеся слова и выражения
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.