Reports of Cases Determined in the Several Courts of Westminster-Hall, from 1746 to 1779, Volume 2

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Page 1131 - the party plaintiff, his heirs, executors or administrators, as the case shall require, may commence a new action or suit from time to time, within a year after such judgment reversed or such judg,ment given against the plaintiff', or outlawry reversed, and not after.
Page 1003 - he takes from the creditors a part of that fund, which is the proper security to them for the payment of their debts. That was the foundation of the decision in Grace v. Smith, and I think it stands upon the fair ground of reason;
Page 1078 - think the verdict wrong in point of law. Upon a contract for a purchase, if the title proves bad, and the vendor is (without fraud) incapable of making a good one, I do not think that the purchaser can be entitled to any damages for the fancied goodness of the bargain, which he supposes he has
Page 1075 - because both plaintiff and defendant are equally criminal. But where contracts or transactions are prohibited by positive statutes, for the sake of protecting one set of men from another set of men; the one from their situation and condition being liable to be oppressed or imposed upon by the other; there the parties are not in pari
Page 825 - the rule has always been, that if a man has actually paid what the law would not have compelled him to pay, but what in equity and conscience he ought, he cannot recover it back again in an action for money had and received.
Page 1276 - and from the islands, ports, havens, cities, creeks, towns, and places of Asia, Africa, and America, or any of them beyond the Cape of Bona Esperanza to the Streights of Magellan, where any trade or traffick of merchandize
Page 1250 - matters in writing made by advice and upon consideration, and which finally import the certain truth of the agreement of the parties, should be controlled by averment of the parties to be proved by the uncertain testimony of slippery memory ; and it
Page 830 - the principal consideration is, whether it be precisely the same cause of action in both, appearing by proper averments in a plea; or by proper facts stated in a special verdict, or a special case. One great criterion of this identity is, that the same evidence will maintain both the actions
Page 777 - A., for life; remainder to trustees to preserve contingent remainders; remainder to the children of A. and B. and their heirs for ever, to be divided
Page 825 - But the proposition is not universal, that whenever a man pays money which he is not bound to pay, he may by this action recover it back. Money due in point of honour or conscience, though a man is not compellable to pay it, yet *if paid, shall not be recovered back: as a bond

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