Reports of Cases Argued and Determined in the Court of King's Bench: With Tables of the Names of the Cases and the Principal Matters, Volume 5

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Page 209 - I have always understood it to be a general rule that if a negative averment be made by one party, which is peculiarly within the knowledge of the other, the party within whose knowledge it lies and who asserts the affirmative is to prove it and not he who avers the negative'.
Page 524 - W. by deed or will should appoint, and for want of such appointment, then to the heirs of the body of W. lawfully issuing, share and share alike, as tenants in common, and if but one child, the whole to such only child ; and for want of such Case of Doe v.
Page 47 - The question for the opinion of the court is, whether, under the circumstances above stated, the prisoner could be lawfully convicted of feloniously stealing a piece of paper, as charged in the indictment.
Page 25 - 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 78 - The question for the opinion of the Court is, whether the plaintiff is entitled to recover in respect of the obstruction of light and air complained of.
Page 184 - ... but it is evident, from other parts of the report, that the Lord Chancellor was there speaking of a special contract for a particular mode of payment. Such a contract is apparently inconsistent with a right to detain the possession, and consequently will defeat a claim to the exercise of such a right.
Page 53 - I cannot necessarily infer that the flour would be changed in quality and condition by the delay from November to April, so as to incur any material damage operating a destruction of the thing insured.
Page 234 - To make a grant or assignment valid at law, the thing which is the subject of it must have an existence, actual or potential, at the time of such grant or assignment. But courts of equity support assignments not only of choses in action, but of contingent interests and expectations, and also of things which have no present actual or potential existence, but rest in mere possibility only.
Page 345 - Is it not an universal rule that a man who puts his name to a bill of exchange thereby makes himself personally liable, unless he states upon the face of the bill that he subscribes it for another, or by procuration of another, which are words of exclusion? Unless he says plainly, " I am the mere scribe,
Page 376 - ... extravagant extension of such a covenant, if it were good against all the acts which the folly or malice of strangers might suggest; and therefore the law has properly restrained it within its reasonable import, that is, to rightful title. It is, however, different where an individual is named, for there the covenantor is presumed to know the person against whose acts he is content to covenant, and may therefore be reasonably expected to stipulate against any disturbance from him, whether by...

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