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according act of Parliament action advowson agreement applies Argument Barrister-at-Law Bing Chit cited common law consideration considered construed contract Court courts of equity covenant Crown damage debt deed defendant devise Dwarr East emblements entitled error evidence execution executor express facit fact fixtures fraud freehold grant heir held Hobart indictment inheritance injury Inner Temple Inst instance instrument intention judge judgment jurisdiction jury justice Kenyon land landlord lease lessee lessor liable Litt Lord Lord Ellenborough Lord Kenyon Lord Mansfield Lord Tenterden marriage matter maxim meaning ment observed offence owner particular party person plaintiff pleading Plowd possession principle quod reason recognised recover reference remedy rent Saund Scott seisin Selw sheriff shew Smith stat statute Steph Taunt tenant testator Tindal tion Tofield trespass Vict void vols warrant Woodf words writ
Page 352 - The objection that a contract is immoral or illegal as between plaintiff and defendant sounds at all times very ill in the mouth of the defendant. It is not for his sake, however, that the objection is ever allowed : but it is founded in general principles of policy which the defendant has the advantage of, contrary to the real justice as between him and the plaintiff, by accident, if I may say so. The principle of public policy is this : ex dolo malo non oritur actio.
Page 352 - No Court will lend its aid to a man who founds his cause of action upon an immoral or an illegal act. If from the plaintiff's own stating or otherwise the cause of action appears to arise ex turpi causa, or the transgression of a positive law of this country, there the Court says he has no right to be assisted. It is upon that ground the Court goes; not for the sake of the defendant, but because they will not lend their aid to such a plaintiff.
Page 167 - ... right thereto shall be deemed absolute and indefeasible, unless it shall appear that the same was enjoyed by some consent or agreement expressly given or made for that purpose by deed or writing.
Page 110 - But when the party by his own contract creates a duty or charge upon himself, he is bound to make it good, if he may, notwithstanding any accident by inevitable necessity, because he might have provided against it by his contract.
Page 135 - From the variety of cases relative to judgments being given in evidence in civil suits, these two deductions seem to follow as generally true: first, that the judgment of a court of concurrent jurisdiction, directly upon the point, is as a plea, a bar, or as evidence, conclusive, between the same parties, upon the same matter, directly in question in another court...
Page 248 - If the words of the statute are in themselves precise and unambiguous, then no more can be necessary than to expound those words in their natural and ordinary sense. The words themselves alone do, in such case, best declare the intention of the lawgiver.
Page 280 - Testament, in witness whereof I, the said Maurice Baum Senr, have to this my last Will and Testament Set my hand and Seal the Day and Year above written.
Page 104 - IT were infinite for the law to consider the causes of causes, and their impulsions one of another; therefore it contenteth itself with the immediate cause, and judgeth of acts by that, without looking to any further degree.
Page 15 - ... upon any agreement that is not to be performed within the space of one year from the making thereof...