Irish Chancery Reports: Being a Series of Reports of Cases Argued and Determined in the High Court of Chancery and the Rolls Court, in Ireland ... 1850[-1866] ...Hodges, 1855 - Law reports, digests, etc |
From inside the book
Results 1-5 of 54
Page 9
... contract . But if no rent is paid , still , before the execu- " tion of a lease , the relation of landlord and tenant exists — the parties having entered with a view to a lease , and not a pur- " chase . " So in Chapman v . Towner ( b ) ...
... contract . But if no rent is paid , still , before the execu- " tion of a lease , the relation of landlord and tenant exists — the parties having entered with a view to a lease , and not a pur- " chase . " So in Chapman v . Towner ( b ) ...
Page 62
... contract created by the let- ter of the 2nd of August 1851 , and that document did not in any manner affect the position of the parties in point of law . The de- fendants could not therefore set up the right of the Kealys to the goods ...
... contract created by the let- ter of the 2nd of August 1851 , and that document did not in any manner affect the position of the parties in point of law . The de- fendants could not therefore set up the right of the Kealys to the goods ...
Page 63
... contract , before breach of it , to vary the contract in any manner they may agree upon ? ] -- The case of Goss v . Lord Nugent ( a ) undoubtedly establishes that position , but the new agreement , like the former , must be founded upon ...
... contract , before breach of it , to vary the contract in any manner they may agree upon ? ] -- The case of Goss v . Lord Nugent ( a ) undoubtedly establishes that position , but the new agreement , like the former , must be founded upon ...
Page 64
... contract , before breach . It was not contended before me at the trial , nor is it insisted by the exception , that the new contract was void , as having been fraudulently or improperly obtained , in conse- quence of the Company , by ...
... contract , before breach . It was not contended before me at the trial , nor is it insisted by the exception , that the new contract was void , as having been fraudulently or improperly obtained , in conse- quence of the Company , by ...
Page 65
... contract bind- ing , I am by no means satisfied that such consideration would not be found to exist in the change of ... contract . It is enough to say he did not do so . He did not rest on his rights under such previous contract ; but ...
... contract bind- ing , I am by no means satisfied that such consideration would not be found to exist in the change of ... contract . It is enough to say he did not do so . He did not rest on his rights under such previous contract ; but ...
Common terms and phrases
Act of Parliament action affidavit aforesaid alleged appears applied appointed assignee Assistant-Barrister attorney authorised BANK OF IRELAND Barrister base fee bill of exceptions Carr cause certiorari Cham charge CHIEF JUSTICE civil-bill claim Commissioners Common Law Common Pleas conditional order costs CRAMPTON creditor custody D'ARCY declaration deed default defendant discharge Dublin enacts entitled evidence Exch Exchequer execution facts ground held HORNSBY Incumbered Estates instalments issue judgment jurisdiction lands lease Lord Lough Corrib Lough Mask malicious MALLEY Marks Redmond ment mill motion Netterville Davies notice objection opinion paid party payable payment person plaintiff plaintiff in error pleaded Poor-law possession premises proceedings Queen's Bench question recovery rent scire facias seal Sheriff special jury statute Statute of Westminster summons and plaint tenant in tail thereof Thomas Davies tion trial TRUSTEES OF EVANS valid venire de novo verdict words writ of summons
Popular passages
Page 224 - ... either party shall be at liberty to apply to the court, or a judge thereof, for an order to the master to speed the proceedings and to make his report, and to certify to the court or judge the reason for any delay.
Page 12 - Where there is nothing in the context of a will from which it is apparent that a testator has used the words in which he has expressed himself in any other than their strict and primary sense...
Page 403 - Every proprietor has an equal right to use the water which flows in the stream, and consequently no proprietor can have the right to use the water to the prejudice of any other proprietor. Without the consent of the other proprietors, who may be affected by his operations, no proprietor can either diminish the quantity of water which would otherwise descend to the proprietors below, nor throw the water back upon the proprietors above.
Page 12 - ... sensible with reference to extrinsic circumstances, it is an inflexible rule of construction, that the words of the will shall be interpreted in their strict and primary sense, and in no other, although they may be capable of some popular or secondary interpretation, and although the most conclusive evidence of intention to use them in such popular or secondary sense be tendered.
Page 587 - Majesty's superior courts of record ; and no warrant of commitment shall be held void by reason of any defect therein, provided it be therein alleged that the party has been convicted, and there be a good and valid conviction to sustain the same.
Page 86 - The person serving a writ of summons shall, within three days at most after such service, indorse on the writ the day of the month and week of the service thereof, otherwise the plaintiff shall not be at liberty, in case of non-appearance, to proceed by default ;and every affidavit of service of such writ shall mention the day on which such indorsement was made. This Rule shall apply to substituted as well as other service.
Page 206 - Jurisdiction as without; and that no Misnomer or inaccurate Description of any Person, Place, or Thing named or described in any Schedule to this Act annexed, or in any List or Register of Voters, or in any Notice required by this Act, shall in anywise prevent or abridge the Operation of this Act with respect to such Person, Place, or Thing, provided that such Person, Place, or Thing shall be so denominated in such Schedule, List, Register, or Notice as to be commonly understood...
Page 207 - To Mr. I HEREBY give you notice, that I object to your name being retained on the list...
Page 547 - ... as he might have done before the making of this act, and the sheriff or other officer is hereby empowered and required to levy and pay to the plaintiff, as well the money so paid for rent, as the execution money.
Page 515 - And every court before which any such objection shall be taken for any formal defect may, if it be thought necessary, cause the indictment to be forthwith amended in such particular...