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accepted action admitted afterwards againft agent agreed amount appear applied authority bank bankrupt bill bond broker brought cafe called cargo caufe cause charge cited committed common contended contract count Court covenant dated debt decided deed Defendant delivered demand difcharge directed effect enter entitled evidence execution fact faid fame fendant fhip fhould firft ftated fuch give given grant ground hands held Houfe intended interest Judges judgment jury land licence Lord Mansfield means ment mentioned moved muft never notes notice objection obtained officer opinion paid parties payment perfon Plaintiff plea pleaded port possession premium prisoner proceedings proved purchase queftion received recover rent rule Serjt Shepherd ship statute taken tenant term thefe thereof thing tion trial underwriter verdict voyage warrant whole writ
Page 94 - the rule for jurisdiction is that nothing shall be intended to be out of the jurisdiction of a superior court but that which specially appears to be so, and, on the contrary, nothing shall be intended to be within the jurisdiction of an inferior court but that which is so expressly alleged;" and this rule has been so frequently repeated as to have become a maxim in the law.
Page 116 - All crimes not capital, and all disorders and neglects, which officers and soldiers may be guilty of, to the prejudice of good order and military discipline, though not mentioned in the foregoing articles of war, are to be taken cognizance of by a general, or a regimental, garrison, or field officers' court-martial, according to the nature and degree of the offense, and punished at the discretion of such court.
Page 235 - The question for the opinion of the court was, whether the plaintiffs were entitled to recover back the money so paid to the defendants.
Page 374 - There may be cases in which, though a prior damage be followed by a total loss, the assured may nevertheless have rights or claims in respect of that prior loss, which may not be extinguished by the subsequent total loss. Actual disbursements for repairs in fact made, in consequence of injuries by perils of the seas prior to the happening of the total loss, are of this description, unless, indeed, they are more properly to be considered as covered by that authority, with which the assured is generally...
Page 162 - July, 1812 ; present, his royal highness the Prince Regent in . Council : — It is this day ordered, by his royal highness the Prince Regent, in the name and on the behalf of his majesty, and by and with the advice of his majesty's privy council, that no ships or vessels belonging...
Page 151 - Serjt., on this day moved for a rule nisi to set aside the verdict and enter a nonsuit, adding that the plaintiff had his remedy against the owners of the Margaret.
Page 362 - written. " In Villars v. Mousey the words imputed an infectious disorder. In Harman v. Delany the words were spoken of the plaintiff in his trade as a gunsmith. DE GREY, CJ , in Wils. 187, says that to impute to any man the mere defect or want of moral virtue, moral duties, or obligations which render a man obnoxious to mankind, is not actionable. The case in Anderson is in point, that the words here used are not actionable. The injury consists in the evil done to the plaintiff in the minds of others;...
Page 419 - they ought not to answer to that question, for it hath not been used aforetime, that the judges should in any wise determine the privileges of this high court of parliament ; for it is so high and so mighty in its nature, that it may make law, and that that is law it may make no law ; and the determination and knowledge of that privilege belongeth to the lords of the parliament, and not to the justices.
Page 360 - I sincerely pity the man (meaning the plaintiff below) that can so far forget what is due, not only to himself, but to others, who, under the cloak of religious and spiritual reform, hypocritically, and with the grossest impurity, deals out his malice, uncharitableness, and falsehoods.