Reports of Cases Argued and Determined in the Courts of Common Pleas and Exchequer Chamber: With Tables of the Names of the Cases and the Principal Matters, Volume 8C. Hunter, 1826 - Law reports, digests, etc |
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Reports of Cases Argued and Determined in the Courts of Common ..., Volume 9 John Bayly Moore No preview available - 2015 |
Reports of Cases Argued and Determined in the Courts of Common ..., Volume 9 John Bayly Moore No preview available - 2015 |
Common terms and phrases
action affidavit aforesaid afterwards agreement allocatur amount annuity appears applied arrears assignment assumpsit attorney bail bankrupt bankruptcy bill bond brought cargo certificate charge commission considered costs Court covenant creditors custody damages debt declaration deed defendant defendant's discharge entered entitled evidence execution executors fendant Fraser the grandfather Fraser the grandson freight granted grantor ground held Heligoland Hilary Term indenture intended issue James Henry Houstoun judgment jury Justice BURROUGH Justice PARK land lease liable licence Lord Chief Justice Lord Ellenborough Mauritius ment messuage nonsuit opinion paid parties payment person plaintiff plaintiff in error plea pleaded premises prison proceedings Prothonotary proved question recover refused rent replevin rule nisi Serjeant Pell Serjeant Taddy Serjeant Vaughan sheriff shewed cause ship Simon Fraser statute sued sufficient surety tained taken tenant termage testator therein thereof Thomas Cooke tiff tion tranship trespass trial wife William Hopson witness writ
Popular passages
Page 395 - And it appears in our books, that in many cases, the common law will control acts of parliament, and sometimes adjudge them to be utterly void ; for when an act of parliament is against common right and reason, or repugnant, or impossible to be performed, the common law will control it, and adjudge such act to be void ; and therefore in 8 E 330 ab Thomas Tregor's case on the statutes of W.
Page 465 - ... if he shall have paid the debt, or any part thereof in discharge of the whole debt...
Page 278 - AB, as for his costs and charges by him about his suit in that behalf expended...
Page 177 - That all Actions of Trespass, Quare clausum fregit, all Actions of Trespass, Detinue, Action sur Trover, and Replevin for taking away of Goods and Cattle, all Actions of Account, and upon the Case, other than such Accounts as concern the Trade of Merchandize between Merchant and Merchant, their Factors or Servants, all Actions of Debt grounded upon any Lending or Contract without Specialty...
Page 408 - Term, obtained a rule, calling on the plaintiff to shew cause why the defendant should not be at liberty to enter a suggestion on the roll, under the statute 22 Geo.
Page 545 - Where the whole matter passes in parol, all that passes may sometimes be taken together as forming parcel of the contract, though not always, because matter talked of at the commencement of a bargain may be excluded by the language used at its termination. But if the contract be in the end reduced into writing, nothing which is not found in the writing can be considered as a part of the contract.
Page 222 - Court, to plead as many several matters thereto as he shall think necessary for his defence (z) ; provided nevertheless that if any such matter shall, upon a demurrer joined, be judged insufficient, costs shall be given at the discretion of the Court ; or if a verdict shall be found upon any issue in the said cause for the plaintiff or demandant, costs shall be also given in like manner ; unless the judge who tried the said issue shall certify that the defendant or tenant, or plaintiff in replevin,...
Page 379 - That if any Action or Suit shall be commenced against any Person or Persons for...
Page 240 - 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 120 - It is admitted in argument, that he is not absolutely bound to tranship; he may not have the means of transhipment; but even if he has, he may act for the best in deciding to sell; if he acts...