Reports of Cases Argued and Determined in the Courts of Exchequer & Exchequer Chamber: From Hilary Term, 6 Will. IV. to [Easter Term, 10 Vict.] Both Inclusive. With Tables of the Cases and Principal Matters. [1836-1847], Volume 11T. & J. W. Johnson, 1844 - Law reports, digests, etc |
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Page 15
... whole allegation in issue . The defendants . may amend on the usual terms , otherwise there will be judgment for the plaintiffs . PARKE , B. - I am of the same opinion . If the averment in the plea were merely that the defendants gave ...
... whole allegation in issue . The defendants . may amend on the usual terms , otherwise there will be judgment for the plaintiffs . PARKE , B. - I am of the same opinion . If the averment in the plea were merely that the defendants gave ...
Page 22
... whole term of 14 years for which the lease was to run : and further , they began to occupy at a period subsequent to that at which the lease was to commence , so that they may be considered as standing in a similar situation to 1843 ...
... whole term of 14 years for which the lease was to run : and further , they began to occupy at a period subsequent to that at which the lease was to commence , so that they may be considered as standing in a similar situation to 1843 ...
Page 36
... whole stra- tum of a mine was a grant of a real hereditament in fee- simple , whereof the wife was dowable . Lord Mansfield there says , " The grant of the stratum might be taken to be a grant in fee - simple . In the course of the ...
... whole stra- tum of a mine was a grant of a real hereditament in fee- simple , whereof the wife was dowable . Lord Mansfield there says , " The grant of the stratum might be taken to be a grant in fee - simple . In the course of the ...
Page 39
... whole . [ Lord Abinger , C. B. Suppose the right to the mines were granted , with- out the right to enter upon the land . ] The grantee of the coals would be entitled to an incidental right to enter and get them . Earl of Cardigan v ...
... whole . [ Lord Abinger , C. B. Suppose the right to the mines were granted , with- out the right to enter upon the land . ] The grantee of the coals would be entitled to an incidental right to enter and get them . Earl of Cardigan v ...
Page 64
... whole action that which clearly does not constitute any defence to the whole action . If , however , the defendant is desirous of having the validity of the plea hereafter considered on demurrer , he ought to plead it alone . But this ...
... whole action that which clearly does not constitute any defence to the whole action . If , however , the defendant is desirous of having the validity of the plea hereafter considered on demurrer , he ought to plead it alone . But this ...
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Common terms and phrases
act of bankruptcy act of Parliament aforesaid agreement Alderson alleged amount appears apply assignees assumpsit attorney authority averment award bank bankrupt bankruptcy bill of exchange cause of action charge claim contract costs count Court covenant creditors custody damages debt declaration mentioned deed defendant's delivered demurrer discharged duty entered entitled Erch evidence Exch execution executors fact fendant fraud given ground held indorsed interest issue judgment jury land law of France learned Judge liable Lord Abinger manor ment mortgage non est factum notice objection opinion overseers paid parish Parke party payable payment person plaintiff Pleas possession proceedings promise promissory note question reasonable recover rent replevin respect ROLFE S. H. Armitage scire facias shareholders sheriff shew cause shewn stat statute Steuart sufficient therein thereof tiff tion traverse trial trustees verdict Vict void voir dire warrant writ
Popular passages
Page 685 - Term) moved accordingly, and also for a rule to shew cause why there should not be a new trial on the ground...
Page 300 - interest or no interest," or "without further proof of interest than the policy itself," or "without benefit of salvage to the insurer...
Page 505 - CD ; and if, within the space of days next after the making of such, distress, the said last-mentioned sum, together with the reasonable charges of taking and keeping the said distress shall not be paid, that then you do sell the said goods...
Page 661 - We do not see how a better test can be applied to the question whether reasonable or not than by considering whether the restraint is such only as to afford a fair protection to the interests of the party in favor of whom it is given, and not so large as to interfere with the interests of the public.
Page 297 - ... beginning the adventure upon the said goods and merchandises from the loading thereof aboard the said ship, upon the said ship, &c. and so shall continue and endure, during her abode there, upon the said ship, &c. And further, until the said ship, with all her ordnance, tackle, apparel, &c., and goods and...
Page 546 - Kelly had obtained a rule calling on the plaintiffs to shew cause why the Master should not review his taxation, on the ground that the...
Page 731 - ... or plaintiffs shall become nonsuited, or discontinue his, her, or their action or suit after the defendant or defendants shall have appeared, or if upon demurrer judgment shall be given against the plaintiff...
Page 103 - Martin afterwards obtained a rule calling on the plaintiff to shew cause why the...
Page 501 - Butt obtained a rule to shew cause why the verdict should not be set aside, and a new trial had on the ground of misdirection, or for arresting the judgment.
Page 558 - ... or other game or games whatsoever, or by betting on the sides or hands of such as do...