Reports of Cases Argued and Determined in the Court of Common Pleas and Other Courts from Michaelmas Term, 48 Geo. III. 1807 to Hilary Term, 59 Geo. III. 1819 Inclusive, Volume 4; Volume 15J. Butterworth, 1815 |
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Page 53
... held that an action lies for maliciously holding to bail . Marshall , Serjt . contrà . This form of action was not known before the time of Lord Holt , when some cases of extraordinary malignity induced the Courts to entertain it . In ...
... held that an action lies for maliciously holding to bail . Marshall , Serjt . contrà . This form of action was not known before the time of Lord Holt , when some cases of extraordinary malignity induced the Courts to entertain it . In ...
Page 66
... held in 6 East , 538 , M'Combie v . Davies , and accordingly Lord Ellenborough , C. J. , who in giving judgment in that case , cited and adopted the language of Lord Holt in Baldwyn v . Cole , 6 Mod . 212. , is reported to have said ...
... held in 6 East , 538 , M'Combie v . Davies , and accordingly Lord Ellenborough , C. J. , who in giving judgment in that case , cited and adopted the language of Lord Holt in Baldwyn v . Cole , 6 Mod . 212. , is reported to have said ...
Page 75
... held to bail on an instrument made in France , by which his property only , and not his person was , according to the laws of France , rendered liable , the Court thought him en- titled to his discharge , upon his shewing what the law ...
... held to bail on an instrument made in France , by which his property only , and not his person was , according to the laws of France , rendered liable , the Court thought him en- titled to his discharge , upon his shewing what the law ...
Page 79
... held or occupied by the defendant , it must be implied from thence that it was not meant to be extended to premises , which , so far from being held or occupied by the defendant , were not even capable of occupation . MANSFIELD , C.J. ...
... held or occupied by the defendant , it must be implied from thence that it was not meant to be extended to premises , which , so far from being held or occupied by the defendant , were not even capable of occupation . MANSFIELD , C.J. ...
Page 82
... held that such allegation was immaterial , and could not be tra- versed , and the resolution of the case of the Marshalsea , 10 Co. 76. , where the contrary had been adjudged , was held to be a hard resolution , and warranted by none of ...
... held that such allegation was immaterial , and could not be tra- versed , and the resolution of the case of the Marshalsea , 10 Co. 76. , where the contrary had been adjudged , was held to be a hard resolution , and warranted by none of ...
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Common terms and phrases
action affidavit affignees affured againſt alfo annuity assumpsit bail bankrupt becauſe Beft bill bill of lading broker cafe cargo caſe caufe cauſe cofts contended contrà contract convoy count covenant debt declaration deed Defendant Defendant's delivered diſcharged entitled evidence execution faid fale fame fays felony fendant fhall fheriff fhewed fhip fhould Fiddington firſt fome ftated fubject fuch fupport HEATH held Hilary term himſelf Houfe Houſe infurance intereft judgment jury King's Bench Lens licence Lord Lord Ellenborough Mansfield C. J. ment Michaelmas term muſt neceffary nonfuit obtained a rule paid parish parties payment person Pillau Plaintiff plaintiff in error plea poffeffion port prebend prefent premiſes premium prisoner purchaſed purpoſe queſtion reaſon recover refpect refuſed rent rule nifi ſaid Serjt Shepherd Serjt shew ſhip ſtated statute ſuch tenant term theſe Thomas Wood thoſe tion trial Trinity term underwriter uſe veffel verdict voyage writ
Popular passages
Page 82 - 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 92 - 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 146 - 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 127 - 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 364 - 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.
Page 370 - Serjt., on a former day having obtained a rule nisi to set aside this verdict and enter a nonsuit, being now called upon by the court, supported his rule.