Reports of Cases Argued and Determined in the Court of Queen's Bench: And Upon Writs of Error from that Court to the Exchequer Chamber, in Michaelmas and Hilary Terms, in the Second Year of Victoria [1838-Hilary Term, 1841].
S. Sweet, 1840 - Law reports, digests, etc
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act of parliament action admission admitted affidavit aforesaid agreement alleged appears applied appointment argument arrest assumpsit authority averment award bailiff bill borough brought Chancery cited claim Coleridge commissioners committed common law contended contract Court of Chancery Courts of Law debt decided decision declaration defendant delivered demurrer discharged duty election entitled estoppel evidence execution fraud given ground habeas corpus Hansard held House of Commons House of Lords House of Parliament issue judges judgment jurisdiction jury justices land legislature liable libel Littledale Lord Denman C. J. mandamus manor ment notice opinion paid parish party Patteson payment person Pickering Lythe plaintiff plea pleaded premises present prisoner proceedings quarter sessions Queen question of privilege railway rule sessions sheriff shewed cause statute Stockdale Studdy supposed tenant term thereof tion town clerk trespass trial trustees verdict warrant Williams
Page 300 - ... where one by his words or conduct wilfully causes another to* believe in the existence of a certain state of things, and induces him to act on that belief, so as to alter his own previous position, the former is concluded from averring against the latter a different state of things as existing at the same time.
Page 473 - Tenement is a word of still greater extent, and though in its vulgar acceptation it is only applied to houses and other buildings, yet in its original, proper, and legal sense it signifies everything that may be holden, provided it be of a permanent nature ; whether it be of a substantial and sensible, or of an unsubstantial, ideal kind.
Page 221 - Commissioners shall by any order under their seal of office-direct, no rate for the relief of the poor in England and Wales shall be allowed by any justices, or be of any force, which shall not be made upon an estimate of the net annual value of the several hereditaments rated thereunto ; that is to say, of the rent at which the same might reasonably be expected to let from year to year, free of all usual tenants...
Page 361 - Cur. adv. vult. Lord DENMAN CJ now delivered the judgment of the Court : — In this case the defendants were charged by reason of their tenure with the repair of a sea bank.
Page 32 - But the matters which are to be established for the Estate of our Lord the King and of his Heirs, and for the estate of the Realm and of the People, shall be treated, accorded, and established in Parliament by our Lord the King and by the Assent of the Prelates, Earls, and Barons and the commonalty of the Realm, according as it hath been heretofore accustomed.
Page 757 - ... is not a promise to answer for the debt or default of another, within the meaning of the statute...
Page 11 - the people have nothing to do with the laws but to obey them.
Page 69 - And further we be informed by our judges that we at no time stand so highly in our estate royal, as in the time of Parliament; wherein we as head, and you as members, are conjoined and knit together into one body...
Page 413 - Term, obtained a rule nisi to enter a verdict for the defendant or for a new trial...
Page 485 - Both being free and able to judge for themselves, how can the defendant be justified in breaking this promise, by discovering afterwards that the thing in consideration of which he gave it did not possess that value which he supposed to belong to it? It cannot be ascertained that that value was what he most regarded: he may have had other objects and motives, and of their weight he was the only judge.