Cases Argued and Determined in the Court of Common Pleas: With Tables of the Names of the Cases Argued and Cited, and of the Principal Matters. [1840-1844], Том 2Saunders and Benning, 1842 |
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Стр. 18
... answer the argument as to the con- dition being subsequent , and , as such , requiring no averment of performance . This the learned serjeant admitted that he was not prepared to do , stating that the point had come upon him by surprise ...
... answer the argument as to the con- dition being subsequent , and , as such , requiring no averment of performance . This the learned serjeant admitted that he was not prepared to do , stating that the point had come upon him by surprise ...
Стр. 20
... answer to the action , but would be merely the subject of a cross - action . Held further , that the agreement was valid , being limited both in time and space , and not appearing to be an unreasonable restraint of trade . business of a ...
... answer to the action , but would be merely the subject of a cross - action . Held further , that the agreement was valid , being limited both in time and space , and not appearing to be an unreasonable restraint of trade . business of a ...
Стр. 23
... answer to the present action ; the defendant's remedy would be by a cross action . Stephen Serjt . contrà . There are two objections to this declaration . First , the agreement on which it is founded is void , being in restraint of ...
... answer to the present action ; the defendant's remedy would be by a cross action . Stephen Serjt . contrà . There are two objections to this declaration . First , the agreement on which it is founded is void , being in restraint of ...
Стр. 27
... answer is , that it is for the plaintiff to shew the contrary , for prima facie every contract in restraint of trade is illegal . The defendant being within the rule , and the plaintiff relying on the exception , it is incumbent on the ...
... answer is , that it is for the plaintiff to shew the contrary , for prima facie every contract in restraint of trade is illegal . The defendant being within the rule , and the plaintiff relying on the exception , it is incumbent on the ...
Стр. 29
... answer to the declar- ation . It is , in point of fact , a confession and avoid- ance of the declaration . It confesses every thing alleged in the declaration , but adds another fact , namely , that the plaintiff did not give the ...
... answer to the declar- ation . It is , in point of fact , a confession and avoid- ance of the declaration . It confesses every thing alleged in the declaration , but adds another fact , namely , that the plaintiff did not give the ...
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Часто встречающиеся слова и выражения
act of parliament action affidavit aforesaid agreement alleged amount antè appears arbitrators assigned assumpsit averment award bankruptcy bill bill of lading Bompas Serjt BOSANQUET breach Burnby called cargo Channell Serjt charge charter-party coals Coltman contended contract costs count court covenant creditors damages debt declaration deed deed-poll defendant defendant's delivered demised demurrer discharged divers entered entitled Erskine evidence execution executors fendant ground heirs held Hilary term inclined plane indenture indorsed issue judgment jury learned judge lease liable London Lord Maule ment mentioned nonsuit objection opinion paid parliament parties payment person plaintiff plea pleaded Port Clarence premises proceedings proprietors question Railway Company recover rent repair respect RICKERBY scire facias scrip-certificates shares shewed cause shewn ship sold statute term testator therein thereof tiff Tindal C. J. tion trial verdict vessel vested Vide warrant of attorney writ
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Стр. 209 - ... (the act of God, the Queen's enemies, fire, and all and every other dangers and accidents of the seas, rivers, and navigation of whatever nature and kind soever excepted) unto or to assigns freight for the said goods with primage and average accustomed.
Стр. 545 - 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 ; ex.
Стр. 3 - ... from the beginning of the world to the day of the date of these presents.
Стр. 937 - July, 1797, at, &c., duly made and published his last will and testament in writing, bearing date the...
Стр. 369 - ... the costs of the cause to abide the event of the award, and the costs of the reference to be in the discretion of the arbitrator.
Стр. 378 - Action on which it shall be proposed to examine him, would be admissible in Evidence for or against him, such Witness shall nevertheless be examined, but in that case a Verdict or Judgment in that Action in favour of the Party on whose behalf he shall have been examined, shall not be admissible in Evidence for him or any one claiming under him, nor shall a Verdict or Judgment against the Party on whose behalf he shall have been examined...
Стр. 937 - CD afterwards, to wit, on, etc. entered into and upon all and singular the said demised premises, with the appurtenances, and became and was possessed thereof, for the said term so to him thereof granted as aforesaid.
Стр. 938 - ... from the day next before the day of the date of the same indenture of bargain and sale, and by force of the statute made for transferring uses into possession), ALL THAT [parcels, general words : All the estate clause].
Стр. 209 - Factors of the said not exceeding what she can reasonably stow and carry, over and above her Tackle, Apparel, Provisions, and Furniture...
Стр. 286 - The law then resolves itself into this, — that if a man sells generally, he undertakes that the article sold is fit for some purpose ; if he sells it for a particular purpose, he undertakes that it shall be fit for that particular purpose.