The Law Magazine: Or, Quarterly Review of Jurisprudence, Volume 14; Volume 45Saunders and Benning, 1851 - Law |
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... SHORE VIII . ON THE PARTIES TO AN ACTION OF COVENANT WHERE THE COVENAN- TEES HAVE A JOINT INTEREST . 61 70 · • 79 IX . THE LAW AMENDMENT SOCIETY . · • 90 X. - THE PAPAL AGGRESSION 94 Page NOTES OF LEADING CASES : EQUITY . Ollendorff v.
... SHORE VIII . ON THE PARTIES TO AN ACTION OF COVENANT WHERE THE COVENAN- TEES HAVE A JOINT INTEREST . 61 70 · • 79 IX . THE LAW AMENDMENT SOCIETY . · • 90 X. - THE PAPAL AGGRESSION 94 Page NOTES OF LEADING CASES : EQUITY . Ollendorff v.
Page 79
... covenant on which it is founded may be joint ; and where the interest is joint the action must be joint , although the covenant in language purport to be joint and several . ' With great deference , however , " adds Mr. Preston , " the ...
... covenant on which it is founded may be joint ; and where the interest is joint the action must be joint , although the covenant in language purport to be joint and several . ' With great deference , however , " adds Mr. Preston , " the ...
Page 80
... covenant a different effect . The general rule proposed by Sir Vicary Gibbs , and to be found in several books , would establish that there was a rule of law too powerful to be con- trolled by any intention , however express . " A ...
... covenant a different effect . The general rule proposed by Sir Vicary Gibbs , and to be found in several books , would establish that there was a rule of law too powerful to be con- trolled by any intention , however express . " A ...
Page 81
... covenant , unless in respect of several interests , cannot make it first joint and then make it several by the same ... covenant was joint with the plaintiffs ' testator , and with Tayler , who survived the plaintiffs ' testator , for ...
... covenant , unless in respect of several interests , cannot make it first joint and then make it several by the same ... covenant was joint with the plaintiffs ' testator , and with Tayler , who survived the plaintiffs ' testator , for ...
Page 82
... covenant . " The next case is that of Spencer v . Durant , tried in B. R. anno 1 W. & M. , and reported by Comberbach.1 This was an action of covenant on articles of agreement between several fid- dlers , that they would not play , & c ...
... covenant . " The next case is that of Spencer v . Durant , tried in B. R. anno 1 W. & M. , and reported by Comberbach.1 This was an action of covenant on articles of agreement between several fid- dlers , that they would not play , & c ...
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Common terms and phrases
12 Beav act of parliament affidavit agreement alleged amount answer appear apply appointed assumpsit attorney authority award Barrister bill bishop Chanc charge Church claim Code commissioners common law contract costs County Court Court of Chancery courts of equity covenant creditors crown debt declaration deed defendant defendant's demurrer duty effect England entitled equity evidence Exch execution executors fact filed Held House of Lords indictment interest issue judge judgment judicial jurisdiction jury justice land lease Lord Brougham Lord Chancellor Lord Cottenham Lord Langdale matter ment notice offence paid pany Parkman parliament party payment person plaintiff plea pleading practice present principle proceedings question Railway Company reference reform rent respect rule Scotch Scotland shares solicitor statute sufficient suit testator thereof tion trial trustees Vice-Chancellor Vict witnesses writ
Popular passages
Page 4 - The court may determine any controversy between parties before it, when it can be done without prejudice to the rights of others, or by saving their rights; but when a complete determination of the controversy cannot be had without the presence of other parties, the court must then order them to be brought in...
Page 10 - ... upon such terms as may be just, at any time within one year after notice thereof, relieve a party from a judgment, order, or other proceeding, taken against him. through his mistake, inadvertence, surprise, or excusable neglect...
Page 10 - The court shall, in every stage of an action, disregard any error or defect in the pleadings or proceedings which shall not affect the substantial rights of the adverse party, and no judgment shall be reversed or affected by reason of such error or defect.
Page 92 - I do hereby disclaim, disavow, and solemnly abjure any intention to subvert the present church establishment, as settled by law within this realm...
Page 7 - In all cases of a verification of a pleading, the affidavit of the party must state that the same is true of his own knowledge, except as to the matters which are therein stated on his information or belief, and as to those matters that he believes it to be true...
Page 166 - The rule of the common law, that statutes in derogation! thereof are to be strictly construed, has no application to this code. The code establishes the law of this state respecting the subjects to. which it relates, and its provisions are to be liberally construed with a view to effect its objects and to promote justice.
Page 92 - I do declare, That I do not believe that the Pope of Rome, or any other Foreign Prince, Prelate, Person, State, or Potentate, hath or ought to have any Temporal or Civil Jurisdiction, Power, Superiority, or Pre-eminence, directly or indirectly, within this Realm...
Page 4 - An action does not abate by the death, marriage or other disability of a party, or by the transfer of any interest therein, if the cause of action survive or continue.
Page 6 - The defendant may demur to the complaint within the time required in the summons to answer, when it appears upon the face thereof, either : 1. That the court has no jurisdiction of the person of the defendant or the subject of the action; or, 2. That the plaintiff has not legal capacity to sue; or, 3. That there is another action pending between the same parties for the same cause; or, 4.
Page 7 - ... cause, unable to verify it, or the facts are within the knowledge of his attorney, or other person verifying the same. When the pleading is verified by the attorney, or any other person except...