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Act of Parliament action affidavit aforesaid amend amount appears application Assignee attorney bail Barrister capital cause Chancery charge Civil Bill clerk commandite Commissioners Common Law Common Law Procedure costs counsel Court of Chancery Court of Exchequer creditors debt deed defendant discharge Dublin duty EDWARD JOHNSTONE enacted entitled evidence execution fact Ferguson filed hackney carriage Incumbered Estates Court INDEX Ireland IRISH JURIST ISAAC WHITE issue James John judge judgment jury justice lands lease limited liability Lord Lough Mask matter ment mill MILLIKEN motion notice objection officer opinion owner paid Parish Parliament partners partnerships party payment person petition petitioner plaintiff plea pleading Post premises present proceedings published purpose question rent respect rule sheriff Solicitor stamp duty statute summons and plaint tenant testator thereof tion town trial trustees William writ writ of summons
Page 170 - Where two parties have made a contract, which one of them has broken, the damages which the other party ought to receive, in respect of such breach of contract, should be such as may fairly and reasonably be considered either arising naturally, ie according to the usual course of things, from such breach of contract itself, or such as may reasonably be supposed to have been in the contemplation of both parties at the time they made the contract, as the probable...
Page 170 - ... such as may fairly and reasonably be considered either arising naturally, ie according to the usual course of things from such breach of contract itself, or such as may reasonably be supposed to have been in the contemplation of both parties at the time they made the contract, as the probable result of the breach of it.
Page 182 - ... but if it is intended to contradict such witness by the writing, his attention must, before such contradictory proof can be given, be called to those parts of the writing which are to be used for the purpose of so contradicting him...
Page 182 - Judge prove adverse, contradict him by other evidence, or, by leave of the Judge, prove that he has made at other times a statement inconsistent with his present testimony ; but before such last-mentioned proof can be given, the circumstances of the supposed statement, sufficient to designate the particular occasion, must be mentioned to the witness, and he must be asked whether or not he has made such statement.
Page 170 - ... contract, which they would reasonably contemplate, would be the amount of injury which would ordinarily follow from a breach of contract under these special circumstances, so known and communicated.
Page 170 - For had the special circumstances been known, the parties might have specially provided for the breach of contract by special terms as to the damages in that case ; and of this advantage it would be very unjust to deprive them.
Page 43 - ... expressly named by him and attending at his request, to inform him of the nature and effect of such warrant or cognovit, before the same is executed ; which attorney shall subscribe his name as a witness to the due execution thereof, and thereby declare himself to be attorney for the person executing the same, and state that he subscribes as such attorney.
Page 295 - ... carrier or other person shall fail to obey such injunction or other proper process, mandatory or otherwise; and...