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. 16
... plea may be pleaded , and the same judgment may be given on two counts , they may be found in the same declaration . " Apply that test here , and the declaration will appear perfectly good . Here the same plea of not guilty goes to the ...
... plea may be pleaded , and the same judgment may be given on two counts , they may be found in the same declaration . " Apply that test here , and the declaration will appear perfectly good . Here the same plea of not guilty goes to the ...
Стр. 23
... plea in abate- ment if he omit any defendant , or to a nonsuit if he join too many . ” That statement shows , that although the action is founded on contract , it might be shaped in tort , if the confidence placed , arose out of a ...
... plea in abate- ment if he omit any defendant , or to a nonsuit if he join too many . ” That statement shows , that although the action is founded on contract , it might be shaped in tort , if the confidence placed , arose out of a ...
Стр. 34
... plea of non - assumpsit to the whole declaration ; or by a statement , at the commencement of the declaration , that the defendant was summoned to answer in an action on promises ; or by the conclusion , that in ( ƒ ) 2 Id . 56 . ( e ) ...
... plea of non - assumpsit to the whole declaration ; or by a statement , at the commencement of the declaration , that the defendant was summoned to answer in an action on promises ; or by the conclusion , that in ( ƒ ) 2 Id . 56 . ( e ) ...
Стр. 43
... plea in abatement , or whether a verdict can be sustained against one defendant and not against another . There is only one count , and there is only one defendant ; and , after verdict , the question is whether the judgment shall be ...
... plea in abatement , or whether a verdict can be sustained against one defendant and not against another . There is only one count , and there is only one defendant ; and , after verdict , the question is whether the judgment shall be ...
Стр. 45
... plea , which plea the Exchequer Chamber declared to be a sufficient answer in law to the 2d count . A general order was made for the defendants to pay costs to the plaintiff , but no order was made to except , out of these general costs ...
... plea , which plea the Exchequer Chamber declared to be a sufficient answer in law to the 2d count . A general order was made for the defendants to pay costs to the plaintiff , but no order was made to except , out of these general costs ...
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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.