A Treatise of trover and conversion: or, The law of actions on the case for torts and wrongs

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Printed by Eliz. Nutt and R. Gosling (assigns of E. Sayer) for R. Gosling, 1721 - Law - 402 pages
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Page 66 - Cur., that goods delivered to any person exercising a public trade or employment to be carried, wrought or managed in the way of his trade or employ, are for that time under a legal protection, and privileged from distress for rent...
Page 63 - Stringefelfaw's case (6), — the main difference being, that in the one the bankrupt commissioners claimed against the extent upon the statute staple, and in the other, the crown, — the Court expressly distinguished it from the case in Dyer, by saying, " for there, although the goods were extended, yet they were not delivered to the conuzee, and the writ was not returned, and the writ of privilege was for debt due to the king, wherein the king hath his prerogative by the common law.
Page 86 - As, if eftovers were granted unto him, to be taken in a great wood, and the owner of the wood cuts down fome of the wood, the grantee cannot take that which is cut down ; but he...
Page 379 - In cases of loss, either the innkeeper or the guest must be the sufferer; and the common law furnishes the solution of the question, on which of them it should properly fall. In the case of Cross v. Andrews, the rule was tersely stated by the court. "The defendant, if he will keep an inn, ought, at his peril, to keep safely his guests
Page 310 - It was agreed by all the justices that if two men be owners of two parcels of land adjoining, and one of them doth build a house upon his land, and makes windows and lights looking into the other's...
Page 86 - ... of the wood, the vendee cannot take that which is cut down; but he ought to make his grant good out of that which is growing. As...
Page 350 - A clothier of Gloucestershire sold very good cloth ; so that, in London, if they saw any cloth of his mark, they would buy it without searching thereof ; and another, who made ill cloth, put his mark upon it without his privity ; and an action upon the case was brought by him who bought the cloth for this deceit, and adjudged maintainable.
Page 174 - ... although he be a stranger to the record, whereby the plaintiffs were barred, yet he is privy to the trespass ; wherefore he well may plead it, and take advantage thereof, and hereto the other justices agreed, that if it be intended for one same cause, that he well might take advantage thereof.
Page 172 - Court fhall fo intend it) that it was given only for the taking and driving of them, and that the Plaintiff had them again ; and not in Lieu of the Value of them ; for if it...
Page 342 - Butterfield v. Forrester (1809) afford no indication that either of those judges felt at the time that he was charting new paths for law." Contributory negligence was adopted much earlier as a part of the common law. In Bayly v. Merrell, Cro.Jac. 386, 79 Eng.Rep. 331 (1606), the Court explicated, "[I]f he doubted of the weight thereof, he might have weighed it; and was not bound to give credence to another's speech; and being his own negligence, he is without remedy.

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