Scott's New Reports in the Court of Common Pleas and Exchequer Chamber [1840-1845].S. Sweet, 1845 |
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Стр. 26
... order : -On motion to set aside the last - mentioned writ on the ground that it had improperly issued — The Court declined to interfere . cember , 1842. The defendants pleaded not guilty , and 26 IN THE COMMON PLEAS ,
... order : -On motion to set aside the last - mentioned writ on the ground that it had improperly issued — The Court declined to interfere . cember , 1842. The defendants pleaded not guilty , and 26 IN THE COMMON PLEAS ,
Стр. 42
... ground upon which it can be contended that there was a constructive delivery , was , that , on the 12th of October , 1839 , the bank- rupts obtained from the defendant an order upon the dock company to deliver the deals to them . If ...
... ground upon which it can be contended that there was a constructive delivery , was , that , on the 12th of October , 1839 , the bank- rupts obtained from the defendant an order upon the dock company to deliver the deals to them . If ...
Стр. 44
... ground of that is , that the order is one that the wharfinger is bound to obey ; and he becomes the agent of the person to whom he is directed to deliver or for whom he is directed to hold the goods . Here , however , the order signed ...
... ground of that is , that the order is one that the wharfinger is bound to obey ; and he becomes the agent of the person to whom he is directed to deliver or for whom he is directed to hold the goods . Here , however , the order signed ...
Стр. 56
... grounds there- unto belonging , situate and being , & c . , now in the tenure or possession of S. T. , called or ... ground called Barton Farm ceasing to be occupied for farming purposes . The statute , after vesting the pavements of ...
... grounds there- unto belonging , situate and being , & c . , now in the tenure or possession of S. T. , called or ... ground called Barton Farm ceasing to be occupied for farming purposes . The statute , after vesting the pavements of ...
Стр. 65
... grounds , " and not " lands . " Cresswell , J.- The case expressly finds that amongst the lands occupied by the company were " certain lands composing and con- stituting part of the grounds situate and being in the said parish of St ...
... grounds , " and not " lands . " Cresswell , J.- The case expressly finds that amongst the lands occupied by the company were " certain lands composing and con- stituting part of the grounds situate and being in the said parish of St ...
Часто встречающиеся слова и выражения
action affidavit aforesaid afterwards agent agreement alleged amount appears Appellant appointed Aspinall assigns assumpsit attorney authority bailiff barrister bill of lading borough cargo charges coals COLTMAN commencement commissioners contract costs count Court covenants Cresswell damages debt deed defendant defendant's delivered delivery demise demurrer discharged Dowl duly entered entitled estoppel evidence execution executors fendant given heirs held indorsed intention issue judgment jury land lease letters patent list of voters London Lord Maule ment Michael Mason nonsuit opinion overseers paid parish party payment person plaintiff plaintiffs in error plea pleaded port Port Clarence port of London premises question received rent respect Respondent rule Serjeant sheriff shew cause ship signed statute sufficient tenant term testator therein thereof Thomas Tindal tion trial verdict Vict vote wharf William words writ writ of right writ of summons
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Стр. 807 - Pounds over and above all Rents and Charges payable out of or in respect of the same...
Стр. 252 - ... arrests, restraints, and detainments of all kings, princes, and people, of what nation, condition, or quality soever, barratry of the master and mariners, and of all other perils, losses, and misfortunes, that have or shall come to the hurt, detriment, or damage of the said goods and merchandises, and ship, &c., or any part thereof.
Стр. 152 - ... provided always, that nothing herein contained shall alter, or take away, or lessen the effect of any payment of any principal or interest made by any person whatsoever...
Стр. 152 - That in actions of debt, or upon the case, grounded upon any simple contract, no acknowledgment or promise by words only shall be deemed sufficient evidence of a new or continuing contract...
Стр. 484 - ... as by the known usage of trade or the like, acquired a peculiar sense distinct from the popular sense of the same words...
Стр. 603 - Can a medical man conversant with the disease of insanity, who never saw the prisoner previously to the trial, but who was present during the whole trial and the examination of all the witnesses, be asked his opinion as to the state of the prisoner's mind at the time of the commission of the alleged crime? or his opinion whether the prisoner was conscious at the time of doing the act that he was acting contrary to law, or whether he was labouring under any and what delusion at the time?
Стр. 488 - The same rule has also been applied to contracts in other transactions of life in which known usages have been established and prevailed ; and this has been done upon the principle of presumption, that, in such transactions, the parties did not mean to express in writing the whole of the contract by which they intended to be bound, but a contract with reference to those known usages.
Стр. 152 - ... joint contractors, or executors, or administrators, if it shall appear at the trial or otherwise that the plaintiff, though barred by either of the said recited acts, or this act, as to one or more of such joint contractors, or executors, or administrators, shall nevertheless be entitled to recover against any other or others of the defendants by virtue of a new acknowledgment, or promise, or otherwise, judgment may be given, and (/) Per Tindal, CJ, Haydon v.
Стр. 152 - Benefit thereof, unless such Acknowledgment or Promise shall be made or contained by or in some Writing to be signed by the Party chargeable thereby; and that where there shall be Two or more Joint Contractors, or Executors or Administrators of any Contractor, no such Joint Contractor, Executor, or Administrator shall lose the Benefit of the said Enactments or either of them, so as to be chargeable in respect or by reason only of any written Acknowledgment or Promise made and signed by any other...
Стр. 394 - Act committed for which such Action or Suit shall be so brought ; and every such Action shall be brought, laid, and tried...