Reports of Cases Argued and Determined in the Court of Queen's Bench: And the Court of Exchequer Chamber on Error from the Court of Queen's Bench. With Tables of the Names of the Cases Argued and Cited, and the Principal Matters, Volume 1 |
From inside the book
Results 1-5 of 89
Page 178
... MANDAMUS ( November 17th 1851 ) . Whereas , by a certain act & c . ( 9 & 10 Vict . Railway Com- c . lxv . ( a ) , “ For enabling the York & North Midland Railway Company to make certain branch railways in the East Riding of the county ...
... MANDAMUS ( November 17th 1851 ) . Whereas , by a certain act & c . ( 9 & 10 Vict . Railway Com- c . lxv . ( a ) , “ For enabling the York & North Midland Railway Company to make certain branch railways in the East Riding of the county ...
Page 194
... mandamus shew a contract with the public , and at all events with the persons whose lands are affected , to make a railway from the York & Scarborough line ( a ) Before Lord Campbell C. J. , Erle and Crompton Js . was at Guildhall ...
... mandamus shew a contract with the public , and at all events with the persons whose lands are affected , to make a railway from the York & Scarborough line ( a ) Before Lord Campbell C. J. , Erle and Crompton Js . was at Guildhall ...
Page 196
... mandamus to complete a railway in part , where it was impracticable to complete the whole . The main question , however , is , whether an act authorizing a Company to make a certain railway ob- liges them to make it . Acts of this kind ...
... mandamus to complete a railway in part , where it was impracticable to complete the whole . The main question , however , is , whether an act authorizing a Company to make a certain railway ob- liges them to make it . Acts of this kind ...
Page 197
... mandamus than the fulfilment of a contract . The expression " contract with the pub- lic , " which is often used , is metaphorical . ] The correct language on the subject is that of Alderson B. in Lee v . Milner ( g ) : “ Those acts of ...
... mandamus than the fulfilment of a contract . The expression " contract with the pub- lic , " which is often used , is metaphorical . ] The correct language on the subject is that of Alderson B. in Lee v . Milner ( g ) : “ Those acts of ...
Page 198
... mandamus . Lord Denman there , in his first judgment , applied the words of Lord Eldon to a state of facts on which they did not properly bear ; and assumed the point in dispute when he said that the interference of the Court was ...
... mandamus . Lord Denman there , in his first judgment , applied the words of Lord Eldon to a state of facts on which they did not properly bear ; and assumed the point in dispute when he said that the interference of the Court was ...
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Other editions - View all
Common terms and phrases
Act of Parliament admitted affidavit aforesaid alleged appear applied assigns attorney authorized bail Bonfield borough breach chattels Cherry Burton clause Coleridge Common Pleas contrà contract conviction copyhold costs Court of Queen's creditors Crompton Crown debt declaration deed defendant demurrer enacts entitled Erle evidence Exchequer Exchequer of Pleas execution executors ground hereditaments issue Judge judgment jurisdiction jury justices land last mentioned letters patent Lord Campbell C. J. mandamus manor Market Weighton ment MIDLAND Railway Company NORTH MIDLAND Railway notice offence opinion paid parish party payment person plaintiff pleaded premises prosecutor provisions purpose QUEEN Queen's Bench question rateable recited Regina rent respect rule scire facias sect Sessions sheriff shewed cause SHIELDS Ferry South Shields stat statute sureties tenant term thereby thereof tion tolls trial trustees verdict warrant Western Railway Westminster Wightman words writ YORK and NORTH
Popular passages
Page 623 - ... and in any such action, the defendant may plead the general issue, and give this Act and the special matter in evidence at any trial to be had thereupon...
Page xliv - CD in your bailiwick, except his oxen and beasts of the plough, and also all such lands, tenements, rectories, tithes, rents and hereditaments, including lands and hereditaments of copyhold or customary tenure, in your bailiwick, as the said CD, or any person in trust for him, was...
Page xli - Behalf suing of all such Lands, Tenements, Rectories, Tithes, Rents, and Hereditaments, including Lands and Hereditaments of Copyhold or Customary Tenure...
Page l - We command you, that you omit not by reason of any liberty of your county, but that you enter the same, and take"] CD, if he shall be found in your bailiwick...
Page 892 - ... were respectively written, signed, or executed as they purport respectively to have been ; that such as are specified as copies are true copies ; and such documents as are stated to have been served, sent, or delivered, were so served, sent, or delivered respectively ; saving all just exceptions to the admissihility of all such documents as evidence in this cause. Dated, &c. (Signed) To EF, Solicitor [or agent] for defendant [or plaintiff]. OH, Solicitor [or agent] for plaintiff [or defendant].
Page xxvi - In all cases in which any particular number of days, not expressed to be clear days, is prescribed by the rules or practice of the Courts, the same shall be reckoned exclusively of the first day. and inclusively of the last day...
Page li - Therefore, we command you that you omit not by reason of any liberty of your county, but that you enter the same, and without delay you cause the said AB, to have possession of the said land and premises with the appurtenances.
Page xliv - Chancery, 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 lxxix - 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...
Page 762 - ... if when the matter shall have been referred to arbitration the arbitrators or their umpire shall for three months have failed to make their or his award, or if no final award shall be made, the question of such compensation shall be settled by the verdict of a jury, as hereinafter provided.