New Cases in the Court of Common Pleas, and Other Courts: With Tables of the Cases and Principal Matters, Volume 1Saunders and Benning, 1839 - Law reports, digests, etc |
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Page 45
... matters referred to in the second and third questions , we forbear to say any thing in answer to them . N. C. TINDAL . J. A. PARK . J. VAUGHAN . T. COLTMAN . 1838 . FRANKS v . PRICE . 1838 . Nov. 5 . An agreement AT for the 2 VICTORIA . 45.
... matters referred to in the second and third questions , we forbear to say any thing in answer to them . N. C. TINDAL . J. A. PARK . J. VAUGHAN . T. COLTMAN . 1838 . FRANKS v . PRICE . 1838 . Nov. 5 . An agreement AT for the 2 VICTORIA . 45.
Page 46
... agreement AT for the pur- chase of the herbage of a close for five months , at the price of - 451. , 107 . to be paid down , and a joint pro- missory note to be given for the re- sidue , pay- able within the five months , - the lessee ...
... agreement AT for the pur- chase of the herbage of a close for five months , at the price of - 451. , 107 . to be paid down , and a joint pro- missory note to be given for the re- sidue , pay- able within the five months , - the lessee ...
Page 61
... agreement ; it was something beyond the common law duty ; as in Corbett v . Pakenham ( d ) , where , in a declar- ation on the case , one count stated that the plaintiff , at 1838 . CALLANDER V. OELRICHS . ( a ) 1 T. R. 22 . ( b ) 7 ...
... agreement ; it was something beyond the common law duty ; as in Corbett v . Pakenham ( d ) , where , in a declar- ation on the case , one count stated that the plaintiff , at 1838 . CALLANDER V. OELRICHS . ( a ) 1 T. R. 22 . ( b ) 7 ...
Page 62
... agreement alone . " So here , if the obligation to give notice arose only out of the pro- mise , the promise ought to have been proved . TINDAL C. J. I am of opinion that this rule must be discharged . The question arises on a ...
... agreement alone . " So here , if the obligation to give notice arose only out of the pro- mise , the promise ought to have been proved . TINDAL C. J. I am of opinion that this rule must be discharged . The question arises on a ...
Page 73
... agreement to alter the charter - party in the manner alleged in the plea : and the ship having been detained altogether twenty days over and above the forty running days , they gave a verdict for 170. , being 707. for ten days ...
... agreement to alter the charter - party in the manner alleged in the plea : and the ship having been detained altogether twenty days over and above the forty running days , they gave a verdict for 170. , being 707. for ten days ...
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Common terms and phrases
act of parliament action admitted Adol affidavit aforesaid afterwards agent agreed agreement alleged amount appears apply arbitrator assignment assumpsit attorney award bail bankrupt bill BOSANQUET Bowmer certificate charter-party chattels claim co-heirs COLTMAN consideration contended contract costs count Court covenant damages debt declaration deed Defendant Defendant pleaded Defendant's delivered demand demised demurrer discharged entered entitled ERSKINE evidence execution fendant granted ground heir held hereditaments indenture issue Judge judgment jury lease liable licence liquidated damages Lord Lord Denman magistrates ment mentioned messuage nonsuit notice obtained a rule opinion paid party pawnbroker payment person Plaintiff plea possession premises promissory note Queen's Bench question received recover remainder rent rule nisi set-off sheriff shewed cause ship statute sufficient tenant term testator thereof tiff TINDAL C. J. tion trial verdict vested void voire dire Warlters Wilde Serjt writ writ of summons
Popular passages
Page 356 - Lord (a), or at any time afterwards, or over which the said CD on the said day of (a), or at any time afterwards, had any disposing power, which he might, without the assent of any other person, exercise for his own benefit...
Page 354 - Behalf suing of all such Lands, Tenements, Rectories, Tithes, Rents, and Hereditaments, including Lands and Hereditaments of Copyhold or Customary Tenure...
Page 357 - Judgment, or at any Time afterwards, or over which such Person shall at the Time of entering up such Judgment...
Page 356 - Court, and according to the statute in such case made and provided, chose to be delivered to him all the goods and chattels of the said CD in your bailiwick, except his oxen and beasts of the plough, and also all such lands, tenements, rectories, tithes, rents, and hereditaments...
Page 359 - CD in your bailiwick, except his oxen and beasts of the plough, and also all such lands and tenements, rectories, tithes, rents, and hereditaments, including lands and hereditaments of copyhold or customary tenure, in your bailiwick, as the said CD, or any...
Page 360 - CD on the said day of or at any time afterwards had any disposing power which he might without the assent of any other person exercise for his own benefit, to hold to him the said goods and chattels as his proper goods and chattels, and to hold the said lands, tenements, rectories, tithes, rents, and hereditaments respectively, according to the nature and tenure thereof, to him and to his assigns, until the said...
Page 389 - Serjt., obtained a rule nisi for a new trial, on the ground of misdirection and that the verdict was against the weight of evidence; and he cited Rogers v.
Page 636 - In actions on the case, the plea of not guilty shall operate as a denial only of the breach of duty or wrongful act alleged to have been committed by the defendant, and not of the facts stated in the inducement, and no other defence than such denial shall be admissible under that plea : all other pleas in denial shall take issue on some particular matter of fact alleged in the declaration.
Page 657 - But a license to hunt in a man's park, and carry away the deer killed to his own use ; to cut down a tree in a man's ground, and to carry it away the next day after to his own use, are licenses as to the acts of hunting and cutting down the tree, but as to the carrying away of the deer killed and tree cut down, they are grants.
Page 62 - CJ I am of opinion that this rule must be discharged. The...