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according action agent agree agreement alleged amount appears appellant apply appointed assigns authority bank benefit bill bound called canal carried cause circumstances claim considered construction contract course court covenant damage decided decision deed defendant delivered directed doubt duty easement effect entered entitled evidence execution existence express fact give given grant ground held injury intention interest judge judgment jury Justice land Law Rep liable London Lord matter meaning ment mines necessary negligence notice objection obtained opinion ordinary owner paid parties passed payment person plaintiff port possession present proved purchaser question railway reasonable received referred refusal regard residence respect respondent rule shares ship statute sufficient suit supplied taken tanks tion trial trustees vendor Vict whole
Page 649 - it is enacted that comparison of a disputed writing with any writing proved to the satisfaction of the judge to be genuine, shall be permitted to be made by witnesses; and such writings, and the evidence of witnesses respecting the same, may be submitted to the court and jury as evidence of the genuineness or otherwise of the
Page 813 - incapable of taking care of himself or his property ; and any of the parties are to be at liberty to apply as they may be advised." The plaintiff was subsequently found lunatic by inquisition. The suit was continued by the next friend as committee, and on the
Page 333 - Lord Coke says it was resolved, "that, for the sure and true interpretation of all statutes in general, be they penal or beneficial, restrictive or enlarging of the common law, four things are to be discerned and considered: 1. What was the common law before the making of the act; *2. What was the mischief
Page 333 - judges is always to make such construction as shall suppress the mischief and advance the remedy." We cannot doubt that the defect which the legislature intended to amend was that trials in the superior courts could not be holden except in term time, which was inconvenient when the verdict had to be taken before
Page 693 - during her life for her separate use, without power of anticipation, and after her death for certain of the children and grandchildren of Swynfen S. Jervis. On the same 21st of August, 1866, Swynfen S. Jervis made his will, and thereby bequeathed his residuary personal estate to his two daughters, Mrs. Broughton and Mrs. Brackenbury (then Mrs.
Page 309 - evidence, they see no sufficient reason for departing from their ordinary rule of not disturbing the concurrent finding of two courts. For these reasons their lordships will humbly advise Her Majesty that the judgment of the court below should be affirmed, and the appeal dismissed with costs. Solicitors for the appellants:
Page 508 - &c., for safe custody, or for any special purpose, without any authority to sell, negotiate, transfer, or pledge, shall in violation of good faith, and contrary to the object or purpose for which such chattel, security, or power of attorney shall have been entrusted to him, sell, negotiate, transfer, pledge, or in any manner convert,
Page 493 - They are to make and maintain "sufficient posts, rails, hedges, ditches, mounds, or other fences, for separating the land taken for the use of the railway from the adjoining lands not taken, and protecting such lands from trespass, or the cattle of the owners or occupiers thereof from straying thereout by reason of the railway.