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 49
... objection to it . How long ago it is , since an action brought by a captain of a ship for freight was first entertained , I do not know ; but it is observ- able with reference to that species of action , that the bill of lading usually ...
... objection to it . How long ago it is , since an action brought by a captain of a ship for freight was first entertained , I do not know ; but it is observ- able with reference to that species of action , that the bill of lading usually ...
Page 50
... objection , being of opinion that the licence ought to receive a more enlarged construction , and thereupon a verdict was found for the plaintiffs , with liberty to the defendant to move to enter a nonsuit . Lens , Serjt . accordingly ...
... objection , being of opinion that the licence ought to receive a more enlarged construction , and thereupon a verdict was found for the plaintiffs , with liberty to the defendant to move to enter a nonsuit . Lens , Serjt . accordingly ...
Page 56
... objected that there was a variance between the declaration , which set forth a judgment against A. B. alone , and the judgment proved , which appeared to be a judgment against A. B. and C. M. Readshaw jointly , and also that the writ of ...
... objected that there was a variance between the declaration , which set forth a judgment against A. B. alone , and the judgment proved , which appeared to be a judgment against A. B. and C. M. Readshaw jointly , and also that the writ of ...
Page 57
... objected that there was a variance between the declaration and writ , inasmuch as a writ against Donner and two others ... objection , and said this was a sufficient writ to warrant the arrest , which was all that was necessary . So in ...
... objected that there was a variance between the declaration and writ , inasmuch as a writ against Donner and two others ... objection , and said this was a sufficient writ to warrant the arrest , which was all that was necessary . So in ...
Page 58
... objection was also raised by the defendant , that the term alleged to be demised to the plaintiff had expired before the trial ; but that objection was over - ruled at the trial , and the rejection sanc- tioned by the Court afterwards ...
... objection was also raised by the defendant , that the term alleged to be demised to the plaintiff had expired before the trial ; but that objection was over - ruled at the trial , and the rejection sanc- tioned by the Court afterwards ...
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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.