The New Reports, Containing Cases Decided in the Courts of Equity and Common Law, Issue 40, Volume 2W. Maxwell, 1863 |
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Common terms and phrases
action agreed agreement alleged allowed amount answer appeared appellant applied appointed authority benefit bill called carried cause charge circumstances cited claim common considered contended contract costs Court creditors damages death debt decided decision deed defendant directed discharged easement effect entered entitled evidence execution executors fact fund further give given granted ground held intended interest issue judgment JUNE jurisdiction jury justices land leave liable limited Lord Master meaning ment mentioned necessary notice object obtained opinion owner paid parish parties passed payment person plaintiff plea possession present principle purchase question Railway reason received referred refused remainder respect respondent rule sect settled settlement shares ship statute suit taken thereof tion trustees verdict Vict whole
Popular passages
Page 313 - ... shall cause the sewers vested in them to be constructed, covered, and kept so as not to be a nuisance or injurious to health, and to be properly cleared, cleansed, and emptied...
Page 170 - ... used and enjoyed by him in any place whatsoever, notwithstanding that formal possession thereof may have been taken by or given to any other person.
Page 170 - ... but shall not include the following documents; that is to say, assignments for the benefit of the creditors of the person making or giving the same, marriage settlements, transfers or assignments of any ship or vessel or any share thereof, transfers of goods, in the ordinary course of business of any trade or calling, bills of sale of goods in foreign parts or at sea, bills of lading, India warrants, warehouse-keepers...
Page 336 - ... the nature of the interest in such lands in respect of which he claims compensation, and the amount of the compensation so claimed therein ; and unless the promoters of the undertaking be willing to pay the amount of compensation so claimed, and...
Page 199 - In the absence of any express or implied warranty that the thing shall exist, the contract is not to be construed as a positive contract, but as subject to an implied condition that the parties shall be excused in case before breach...
Page 188 - Be it known that as well in own name as for and in the name and names of all and every other person or persons to whom the same doth, may, or shall appertain, in part or in all...
Page 186 - ... that if such descriptive statement was intended to be a substantive part of the contract, it is to be regarded as a warranty, that is to say, a condition on the failure or nonperformance of which the other party may, if he...
Page 48 - ... except the buyer shall accept part of the goods so sold, and actually receive the same, or give something in earnest to bind the bargain, or in part...
Page 336 - If any party shall be entitled to any compensation in respect of any lands or of any interest therein, which shall have been taken for or injuriously affected by the execution of the works, and for which the promoters of the undertaking shall not have made satisfaction...
Page 132 - London, the town council of any borough for the time being subject to the act of the session of the fifth and sixth years of the reign of King William the Fourth, chapter seventy-six, intituled " An Act to provide for the Regulation of Municipal Corporations in England and Wales...