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action affirmed agent agree agreement alleged amount appellants bank Bann bill claim clause coal compensation contract court of equity Court of Session covenant creditors damages debts decision declaration deed defendant domicile doubt Dunluce Castle duty entitled evidence fact fish given H.L. Sc held insolvency intention James Chambers John Watt judgment jury land Law Rep learned judges lease lessee liable Lord Chancellor Lordships Lough Neagh machines matter McPherson ment Messrs Metropolitan Railway Co Muddock Murrumburrah negligence noble and learned opinion owner paid parties patent payment person Philip Levi plaintiffs proprietors provisions purchaser purpose question Railway Company referred rent respondents river River Bann River Clyde rule Seskin Ryan shares ship Singer Solicitors South Wales specification statute Stock Exchange testator thereof tion trustees underwriters vendor verdict vested Vict Western Railway whole words
Page 124 - The judge has a certain duty to discharge, and the jurors have another and a different duty. The judge lias to say whether any facts have been established by evidence from, which negligence may be reasonably inferred ; the jurors have to say whether, from those facts, when submitted to them, negligence ought to be inferred.
Page 739 - ... there is in every case, not merely in those arising on a plea of infancy, a preliminary question, which is one of law, viz., whether there is any evidence on which the jury could properly find the question for the party on whom the onus of proof lies. If there is not, the judge ought to withdraw the question from the jury and direct a nonsuit if the onus is on the plaintiff, or direct a verdict for the plaintiff if the onus is on the defendant.
Page 148 - Every conveyance or transfer of property, or charge thereon made, every payment made, every obligation incurred, and every judicial proceeding taken or suffered by any person unable to pay his debts as they become due from his own money in favour of any creditor, or any person in trust for any creditor, with a view of giving such creditor a preference over the other creditors...
Page 239 - That domicil of choice is a conclusion or inference which the law derives from the fact of a man fixing voluntarily his sole or chief residence in a particular place, with an intention of continuing to reside there for an unlimited time.
Page 137 - Whether a party is guilty of negligence, or not, is a question of fact for the jury, and not a question of law for the court to decide, when the evidence tends to establish such negligence.
Page 164 - TO THE LORDS OF THE COMMITTEE OF THE PRIVY COUNCIL FOR TRADE AND...
Page 22 - A complete specification, whether left on application or subsequently, must particularly describe and ascertain the nature of the invention, and in what manner it is to be performed, and must be accompanied by drawings, if required.
Page 107 - ... and if the company be willing to make compensation for such mines or any part thereof to such owner, lessee, or occupier thereof, then he shall not work or get the same ; and if the company, and such owner, lessee, or occupier, do not agree as to the amount of such compensation, the same shall be settled as in other cases of disputed compensation.
Page 807 - ... must be tried upon principles substantially equitable. Two circumstances always important in such cases are the length of the delay and the nature of the acts done during the interval, which might affect either party and cause a balance of justice or injustice in taking the one course or the other, so far as relates to the remedy.